The Philippine Online Chronicles

Update (January 12, at 2:45 PM) NTC Deputy Commissioner Jaime M. Fortes Jr. confirmed via text message to the author that the broadband cap in NTC draft memorandum has been removed.

A fast consistent internet speed in Singapore and in the USA made my work such a breeze. Uploading photos and writing a blog entry is done in an hour. The speed of my sister’s internet connection in San Francisco stood at 5 mbps. My sister said that the speed is not even their fastest. With the proposal of Philippine telecommunication companies (telcos) to place a broadband cap to our already slow internet was incredulous. The joke around the internet is “why slow down a turtle?”

Left to right: Commissioners of the National Telecommunications Commission (NTC),  Deputy Commissioner Douglas Michael N. Mallillin, Commissioner Gamaliel Cordobam NTC Deputy Commissioner Jaime M. Fortes Jr

The broadband cap hullabaloo

Carlo Ople summarizes the issue into something more non-techie manner and easier to digest:

1. Right now everyone enjoys “unlimited” internet if you subscribe to most postpaid ISP services.
2. Every time you use the internet you consume “bandwidth”. This isn’t just for downloading movies or music. When you stream videos, load pictures, and do various activities online you will consume bandwidth.
3. The draft Memorandum Order of National Telecommunications Commission (NTC) will enforce a BANDWIDTH CAP. Users will have a daily limit of bandwidth that they consume.
4. The draft Memorandum Order of NTC doesn’t specifically say what will happen when a user exceeds the daily limit. It’s common practice now that ISPs lower your download speed. Let’s say you download like 15 movies in one day. Your speed for the rest of the month will go down drastically.

This broadband cap did not augur well with most of my online friends. A petition "No to broadband cap, yes to #betterinternet in the Philippines" drafted by bloggers have reached 477 signatures as of January 11, 2011. Blogie Robillo questions broadband cap? what broadband?? Cocoy Dayao says putting a cap on internet use “doesn’t get telecoms to reinvest back. There is nothing wrong with protecting shareholder value, but there is something wrong when we only aim for the most mediocre customer level.” A student’s unsolicited advice to the NTC is “ to go over and check the current infrastructure of the telcos, enforce a standard for broadband speed and definition.” Karen Ang adds that data capping is just the telcos’ easy way out from delivering quality service” while Jayvee Fernandez asserts that “the broadband cap is a human rights issue. Capping it stunts progress.” Jester-in-exile even drafted his own recommendations on minimum speed of broadband connections.

NTC Public Hearing

Tuesday’s public hearing came less than two weeks after the petition was first published on December 30, 2010. NTC Commissioner Gamaliel Cordoba made it clear that President Aquino is closely monitoring the hearing because internet is valuable to education and Overseas Filipino Workers (OFW) utilize it for communicating with their families. Douglas Mallillin, an NTC deputy commissioner, ”revealed that the data cap was suggested after complaints of abusive use of broadband internet connection reached their office, specifically those using it for commercial uses when their subscription is actually only for personal use.” Consumers voiced out their concerns to the commissioners. They called on the commission to define the terms used in the memorandum circular so consumers may be well-informed as well.

Atty. Rodolfo Salalima, head of the Philippine Chamber of Telco Operators (PCTO) and former chief lawyer for Globe called upon fair use as practiced by many countries, the reasonable use of scant resources. "Fair Use Policies are the bastion of consumer rights. I'm sure no one will argue that everyone should have equal opportunity to use a service," Salalima stated.

All the Telcos present in the hearing will file their supplemental position papers based on the consumer’s presentation of grievances. After most of the consumers voiced their concerns, Tonyo Cruz presented TXT Power’s position paper which called for a curb for telco abuses and to set broadband standards similar online petition filed last month.

The initial victory today is that NTC seems to be committed to hold public hearings in cities outside Manila. They are eager to receive position papers not only of the telcos but the subscribers as well. NTC clarified that they are open to hear the consumer’s side after I questioned them on why we, the consumers were not in last year’s hearing.

While the public hearing was in progress, Representative Raymond ‘Mong’ Palatino of Kabataan Party-list introduced House Resolution 407 calling for an inquiry on broadband internet services. He states that the “ NTC’s draft memo is clearly anti-consumer and regressive. It tramples on the rights of the consumers to get what they pay for in terms of a reliable internet service. Also, by allowing telecommunication companies (telcos) and internet service providers (ISPs) to limit internet speed and connection, NTC seemingly wants the whole nation to regress to an internet era that is much slower and highly unstable.”

Reaction from online users

Much as subscribers wanted to attend the hearing, work or school prevented them from participating in the discussion. A livestream from Blog Watch enabled 80 online users to tune in to the discussion and provide inputs ranging from objection to the broadband cap, making a stand on consumer protection, slow internet, and the fair use policy that PCTO suggested. Even Commisioner Cordoba asked me on their reactions which are listed below

On bandwidth cap

users are restricted by bandwidth already -cannot hog the entire aggregate bandwidth! @rom

Putting a cap on broadband is like limiting the amount of water you can draw @ang_mungo

How can you abuse something that is already limited? @bluzem

This is Broadband Capitalism. @esheigwapings

broadband cap is like MARTIAL LAW! @apiako

wouldn't mind a broadband cap as long as there's reasonable tiered pricing and more reliability. @yagit

This broadband cap is a band-aid for our poor internet. Why not invest in improving it instead? I want #betterinternet, not a limited one. @marcosumayao

Broadband capping is okay as long as the cap is high enough, the price is fair enough, and the service is good enough. @acmeBPO

Putting a cap on broadband is like limiting commuters on how often you can use SLEX or NLEX @ang_mungo

Fair use policy

"fair use policy is only effective if the telcos has the guts or has the infrastructure" @hnaungayan

Asking everyone to be fair. Caps are okay but has to be reasonable and the Internet should have significant improvement.@kjalcordo

Customer protection

Its a collective action problem - consumers are the easiest to screw over - because we are the least organised @caffeinesparks

At least this hearing makes NTC & ISPs realize that consumers won't just be taken for a ride @philippinebeat

The government needs to consider the internet as a basic necessity, like water, food and shelter. @kjalcordo

they're trying to hide the fact that they can't improve our internet services by passing the @prudencemadness

Slow internet

Give up na ako sa livestream. Lecheng internet kabagal bagal! @dementia

The live streaming of the hearing at NTC alone proves that bandwith capping is not the solution, but network expansion @ItsmePeej

I like how I can't watch the live feed of the #ntc hearing because my internet is slow. No wait, I don't like that at all. @pimplepopper

Juned Sonido sums up his observations on the NTC Public hearing.

There was a hearing at the NTC were minimum broadband speeds were discuss (and a broadband cap) the coverage was powered by a slow slow slow slow slow slow slow slow sluggish sluggish sluggish sluggish torpid torpid torpid torpid torpid broadband. Where the consumers complained, telcos submitted position papers and the NTC asked everyone to submit their position papers …. online.

Present your position

It is a shame that the Philippines ranks 139 out of 185 countries in terms of average internet broadband download speed alone. "The country is bested not just by world superpowers such as China and the US, it is also surpassed by small countries such as Lithuania and Kenya." .Tonyo Cruz stated that TXTPower favors Fair Use Policies, but these should not be used as an excuse to deny the Philippines of adequate broadband definitions and standards.”

"It takes two to tango: Truly workable, practical Fair Use Policies could succeed if networks deliver," Tonyo added.

For the telcos to impose fair use policy, it has to ensure consistent broadband speed that has at least 90% service level reliability. My internet speed experience is such that the speed fluctuates at 50% at certain times of the day. This fair usage policy should be backed up by the telco’s infrastructure development and service reliability guarantee. Telcos should stop selling “unlimited internet” and false claims when they fail to deliver the speed of up to 2 MBps, the speed that I am subscribed to. Telcos should be honest enough and disclose the real speed that we are subscribed to.

Consumers are enjoined to send in their position regarding the draft memorandum to the NTC Public Information Office via email to ntc.piu1@gmail.com or pio@ntc.gov.ph . Please join the petition to "No to broadband cap, yes to #betterinternet in the Philippines".

The recorded video of the NTC Public hearing can be viewed at http://ustream.tv/channel/blogwatch

Other stories on #betterinternet

Bloggers

SLOW … SLUGGISh …Boredband – Broadband by Juned Sonido

No to broadband capping by Mindanao New Media and Davao bloggers

With Broadband caps deleted, NTC should take steps for PH to get #betterinternet by Tonyo Cruz for TXTPower.org

Limiting your internet use is good for you by Caffeine Sparks

Broadband Cap? What broadband?? By Blogie

Filipino netizens debate on broadband cap by Julius Rocas

NTC to cap our broadband connections by Lady Programmer

Media reports

On Broadband speed by Ducky Paredes

Broadband data cap a big blow to local IT firms by Computer World

Web users nix NTC’s downloads cap plan Business Mirror

Groups to NTC: Curb Telco abuses on broadband internet by GMAnews.TV

NTC grilled by consumers for circular on broadband connections by Inquirer.net

Internet users oppose limit on broadband use by Malaya

Consumer reject telco’s proposal to limit internet downloads by Business World

Filipino up in arms over Gov't "telecom reform" Big telecom reform authored: 5GB National cap proposed by Stop the Cap

The Real Reasons for the Philippines’ Internet Overcharging: 2010 Was a Rough Year for Profits by Stop the Cap

Broadband dunce cap by Chin Wong

House Resolutions

HR 407- Inquiry on Broadband Internet Services by Kabataan Party List

Draft HR on Broadband Speed NTC by Rep Teddy Casino

Updated (January 12) with links to other commentaries on NTC public hearing