Archive for the 'Other Frustrated Customers' Category

TRAI: Disppointing response from Appellate Authority

As per the previous post, it is clear that they have sought to “play down” my response and call it as “hypothetical question”. If it doesn’t smack of playing favorites, then what else does? It’s the folks from the same department who are trying to cover each others ass!

I am terribly disappointed by their response. Hypothetical? My foot. I had asked pointed questions and everything here is in public domain. Even the response received from them which I got scanned and put it up here. To say that TRAI is full of assholes, is truly an understatement.

I was not even called for the appeal which is unfair. This case was decided “ex parte” which is not called for. Indeed, it is my privilege to attend the hearing; it is my call (as per the law) whether or not I need to go their dung infested shit holes.

I am not even surprised that they have not even bothered to go in the nature of the appeal but rather dismiss it as “fucking hypothetical”. What was the b**** even thinking about? Is it possible to quell the public opinion just because these motherfuckers are bedfellows with the vested corporate interests? What the FUCK is the Government of India doing as we all get raped for the public convenience that truly belongs to us?

I am sorry to say but we have juvenile delinquents hired as “regulators” who are not even fit to stand tall on their two feet but then it’s too much to ask for these creepy crawly lowly beings. They ought not forget that EVERYTHING about them is out in the public domain; although it is not a “personal fight” but based on their responses, I might even be compelled to ask them for their qualification, the reason they have been appointed for this job and their merits.

The second appeal, of course, is now the CIC, New Delhi and thats where I am headed. In order to maintain the transparency, each of the exchange of the email, the response received and the action taken would all be in pubic domain, that is, here on this blog.

May I also hasten to add that the frequency of posts has dwindled down in recent times because I am very busy with the academic pursuits and it is difficult to move ahead full steam with the present case as well as do justice to this blog. Nevertheless, I am expecting some response from CIC and since the courthouses are open for all, in the event that this case lands up there, I invite you all to present your side of the story.

I shall keep you informed via this blog or through the forums. Stay in touch and I am even more determined to take the fight to the finish.

TRAI: Appeal against information to appellate authority

This gets interesting.

Having the useless information from the Public Information Officer, I explored ways and means to get the FULL information from TRAI.

It appears that there is a huge lobby to keep the definition of broadband as 256 kbps which can be “offered” at an attractive “price”. Anything over and above that is chargeable at a higher price. The companies incur a fixed price to extend the wire from the exchange to your premises. However, after that, we have no clue as to how a company, for example, Airtel justifies it’s monthly costs to service me as a customer. In the recent price fall, on what basis, the price was reduced? On what basis, the earlier price point was maintained?

The PIO has not specifically mentioned about the fair usage policy. Under no circumstances, does this fair usage policy apply, nor it is mandated, nor it is ‘legal’. I have no clue about whether TRAI is aware of such a thing but in any case, it needs a follow up and TRAI should be forced to stop the unfortunate usage.

In the long term, the license of these firms needs to be made public; how these private companies acquire them, how they charge and what are their revenue sources. Their accounts need to be audited and everything should be in the public domain.

I am only interested in a bare bones 2 Mbps connection and any other value added service maybe charged for. That is a legitimate right to make a profit. However, charging exorbitant rates for something as simple as a plain vanilla broadband access is unfair and the customer needs to be put in the loop.

I am reproducing the mail to the appellate authority in full. The best part is that I don’t have to pay the requisite fees and I am sure that the PIO would be put under the mat. TRAI should exert itself as an authority and not a hand maid of the various lobbies. Lets fight them!

November 23rd 2009

To,

Smt. Sadhana Dikshit,
Pr. Advisor (FA &IFA) & Appellate Authorit,
TRAI, Mahanagar Doorsanchar Bhawan,
Jawaharlal Nehru Marg,
Old Minto Road,
New Delhi-110 002.

Sub: Misleading, incoherent and incomplete reply received from PIO, Mr. P.K. Dutta vide letter No. 1(229)/2009-RTI dated 18th November 2009.

Respected Madam,

With reference to the above mentioned subject, the reply received from PIO Mr. P.K. Dutta is INCOMPLETE, INCOHERENT,ABSOLUTELY MISLEADING and NOT TO MY SATISFACTION AT ALL.

1) The definition of Broadband mentioned as per the letter is and I quote verbatim, “minimum speed of Broadband has been kept at 256 kpbs (sic) as per definition adopted by International Telecommunications Union(ITU).

After accessing the website of ITU, the picture is entirely different.
It says and I quote verbatim,” Recommendation I.113 of the ITU Standardization Sector defines broadband as a “transmission capacity that is faster than primary rate Integrated Services Digital Network (ISDN) at 1.5 or 2.0 Megabits per second (Mbits)”.
(Accessed from http://www.itu.int/osg/spu/publications/birthofbroadband/faq.html and accessed on 22nd November 2009).

Hence this information is INCORRECT AND MISLEADING a customer.

2)The question number “4, 5 and 6” in the letter to PIO dated 6th November have NOT been answered. I had specifically asked:

Does fair usage policy violate any of the provisions of TRAI?
If it does, what action can be taken against errant Internet Service Provider?
Has any Internet Service Provider been ever penalised for violating for introducing “fair usage policy?

NO ANSWERS WERE GIVEN SPECIFICALLY TO THESE IMPORTANT QUESTIONS and it amounts to WITHOLDING THE INFORMATION.
Further, If the usage of the term “FAIR USAGE POLICY” is ‘illegal’. What action has TRAI taken to notify the various Internet Service Providers to avoid the usage of term and it’s implementation for ‘reducing the speeds’ to 50%’ of the availed plan. The following definition of Fair Usage Policy is taken from Airtel available as a pdf download from their website (www.airtel.in/applications/xm/Fair_Usage_Policy.pdf)

“Under the policy we have defined fair usage levels for unlimited data transfer plans and
needless to mention, the usage levels set are very generous such that most customers will not
be affected by the Fair Usage Policy. On reaching the fair usage level, the plan speed would be rationalized by up to 50% for the restof the monthly billing cycle.”
IS TRAI AWARE OF SUCH A POLICY? WHAT ACTION HAS TRAI TAKEN TO AVOID THE USAGE OF THIS TERM?

3)Question number 8 in letter dated 6th November 2009 was specific and has NOT been answered to MY SATISFACTION, namely,
Has TRAI suggested reducing the price for various plan combinations?If yes, what is the base price fixed for an unlimited Internet Connection by any Internet Service Provider? If no, is there any provision whereby TRAI can act on behalf of the customer to reduce the prices?

I need to know whether TRAI speaks on behalf of the customers, whether TRAI asks the service providers about the break up of the various tariff plans as to under what head the various tariff plans are designed and on what basis the end customer is charged for availing the services of the various Internet Service Providers.

4)Question number 9 has NOT been answered at all namely, “ How has the tariff on unlimited broadband (1Mbps unlimited) being offered by Bharti Airtel fixed line been calculated?”

Please rush the information to me by speed/registered post at the following address listed below. In case the requisite information is not provided to me by the mandatory period, I have the option to escalate the matter to the second appellate authority namely CIC, New Delhi.

TRAI: Response to RTI application

This was disappointing to say the least. It was expected from a regulator which is staffed by nincompoops. Let’s merit their response to the various points I had raised.

1) To the definition of broadband, TRAI maintains that they have adopted the ‘minimum’ definition of International Telecom Union (ITU) as the speed. Let’s see the context in which the definition of ‘broadband’ has been adopted in their “vision document

Many people associate broadband with a particular speed of transmission or a certain set of services, such as digital subscriber loop (DSL) or wireless local area networks (wLANs). However, since broadband technologies are always changing, the definition of broadband also continues to evolve. Today, the term broadband typically describes recent Internet connections that range from 5 times to 2000 times faster than earlier Internet dial-up technologies. However, the term broadband does not refer to either a certain speed or a specific service. Broadband combines connection capacity (bandwidth) and speed. Recommendation I.113 of the ITU Standardization Sector defines broadband as a “transmission capacity that is faster than primary rate Integrated Services Digital Network (ISDN) at 1.5 or 2.0 Megabits per second (Mbits)”.

So there is NO question of this being ‘256 kbps’ as is the current ‘definition’ of Broadband as we know it.

2) TRAI does not define the meaning of the term ‘fair usage policy’ or ‘unlimited internet’. This means that everything which is being advertised is against it’s rules and does not have the sanction of the regulator. To my question of taking action against the advertisement of such claims, TRAI is silent.

3) TRAI in it’s RTI application only mentioned about the various tariffs that need to be reported to it about 5-7 days in advance before they are introduced in the market. The tariffs are under “forbearance” and TRAI has no rule in framing the various tariff plans. But does it act when there are only a few players in the market? Does it act against the established oligopolies?

TRAI cannot deny me the information; I am filing a repeat RTI and also appealing against the the present reply to the appellate authority.

The fight against the established players and lobbies continues. The first step is to actually commit these idiots to “change the definition of broadband” from measly 256kbps to a bare minimum of 2Mbps as per the definition of ITU.

LETS SCREW THEM!!!

Fight against Vodafone India: Sweet victory

It was a big long drawn fight against Vodafone Essar India. I have documented this here, here and here. I want to fight for the next level of transparency in the sector because information is not flowing in freely and it is a big hassle to know about the status of the complaints.

I have already documented that each operator needs to file a compliance report with TRAI every quarter including the action taken on the same. I had to push the company to act based on the threats sent as I insisted that they be made public using RTI. It was a “threat” alone which did the trick.

Further, the nodal officer and the appellate authority system doesn’t seem to be working because they are company officials. Even though it is mandated that all complaints be addressed in a time bound manner, it doesn’t happen so. What is the way out?

Department of Telecom is going through it’s own hassles with CBI raids in connection with the huge telecom scam related to auction of spectrum. I don’t foresee anything coming out of it (nor it’s worth reporting here) because it is just political arm twisting. Those officials are useless anyway; in that case, DoT is out of question.

That only leaves us with the option of TRAI and the idea that it needs to be more proactive in enforcing it’s own regulations. This calls for a concerted action against the errant officials because the companies are focused only on customer acquisition and not customer retention. Mobile number portability MIGHT change the service scenario a bit but I am being cynical about it because the exit and the entry barriers would be unfair to customers; unless the ensuing events prove me wrong. The charges for plan migration have yet not been defined; we as customers should demand a “pro-customer” outlook and not whims and fancies of fat cats dictating terms to both Government and Media.

On a happy note, the network coverage in my premises has vastly improved in all areas of building making it a hassle free experience. It took time and effort but it was worth it.

In the process, I learnt about the bad corporate ways too. And recounted it all here :)

Update (27/10/2009):
I got a call from the Vodafone Network people asking me to send across a mail of “appreciation” for the “good work” that they have done!!

I countered that by asking them to send across the details of their CEO so that I could cc to them as well! Strange kind of assholes indeed!

Vodafone India: Congenital idiots!!

It has been a long long wait for the whole issue to be addressed. As mentioned in the earlier posts, it has been a long roller coaster ride and I wish to share my experiences via this blog.

Since the last email (and the last blog post),over a month has elapsed. I heard nothing from them. I had emailed to TRAI and came to know that indeed some action was taken on the complaint which addressed the issue of the violation of their own orders. I managed to get hold of a person in the network “team”- different from the usual nodal/ appellate authority crap. I pressed on the charges and suddenly some sense dawned on them.

It was a stinker of an email sent to their office which specifically mentioned the insults as well as the violation of various TRAI’s regulations. Surprise surprise. In the evening, I got a call from the network in charge as well their commercial office via a conference call. The nodal officer was a party to the same.

It was a free flow of the exchange of the ideas. I told them specifically that any of the concern needs to be given to me in writing. This in turn, would be proof of their inadequacy to service the customer. It appears that they had been well informed about the case; more so when they dropped names. It was worthwhile to name the nodal officer and their ilk about their utter incompetency and to make them work as well as see reason to ensure seamless coverage.

The big news was the mobile number portability which would kick in from this year end. In that case, we can always hold this as a bargaining chip to negotiate better contracts or better service levels.

In all this brouhaha, I learnt that the telecom operators are supposed to file in reports every quarter with TRAI regarding the status of complaints. Although TRAI doesn’t entertain the individual complaints directly, they do write in to the operators when their own regulations are flouted. Most of the operators who don’t respond or address the consumers in the given time frame, do so. Fact of the matter is that there is no point in cursing the idiots because the inherent system is not going to change overnight. The wheels of the Indian Government move slowly at a glacial pace. Hence a bit of patience is required at the same time.

I am toying with the idea of filing a RTI application regarding making those compliance reports as regards to the benchmarks public. Those compliance reports need to be put online; the same should be available on the website of each individual operator so that the status of a given complaint can be tracked. Further, the customer should be informed periodically through SMS regarding the pendency as well as the action taken through written or electronic means.

I threatened Vodafone’s bosses regarding filing of those reports through RTI as well as making these telecom operators little more answerable to their paying customers. I am sure that a strong message has gone and I waiting for the next week when something is promised to happen.

It’s high time something is done on an urgent basis to clean the augean stables.

Vodafone Essar: Ball in TRAI’s court

Vodafone Essar finds itself on sticky wicket or so much as I would like to believe. Over the past two years, I have been a customer of Vodafone in the place where I work; I have been facing a network issue by virtue of incomplete signal bars or call drops.

As usual, frequent call drops and inaccessibility has made my life miserable inside the campus. At first, they were “happy” to claim that an in building solution would be provided to address the issue. This was put down on some pretext or the other. I had no option except to grit my teeth and accept the status quo. It was then that Airtel installed it’s “boosters” and I sent a formal request to Vodafone to tie up with Airtel to share their infrastructure.

I understand that this is done on a revenue sharing basis; the company doesn’t want to incur on this cost for very obvious reasons.

It is from this time that the tug of war started. The first problem was the emphatic denial of the company that their network had no issues; which they claimed in writing. Unfortunately, a few hired dingbats from their company called in to narrate different versions of sob stories. One claimed that they needed permission from the Government to set up a cell site. Other bugger insisted that he’d be contend to “sweet talk” my pants off; for which I wasn’t forthcoming for very obvious reasons.

Finally, on a hot Sunday afternoon, I got a call from the Vodafone’s Nodal Office. It was supposed to be an official call but the idiot had it from me; specially when I quoted specific provisions of TRAI act which made it mandatory to ensure that there was no disruption of services.

Anyway, I mailed in to the Secretary of TRAI who, as per the information on the website, is supposed to ensure that the various regulations as passed by TRAI are enforced. On expected lines, the bloody leechy babu didnot even acknowledge my email. I mailed them on other occasions and specifically told that I’d be seeking the information through other means; to no avail.

I have now sought information under Right to Information Act, 2005 which is an amazing piece of legislation and perhaps truly empowers the citizens of India.

How are these two incidents related to each other? I want to exert pressure on Vodafone Essar to act; to get TRAI in the loop because these bunch of morons are good for nothing and to force them to act on my behalf.

It does take time for information to filter out but emboldened by this, I plan to seek information about the Broadband pricing; the various heads under which it is charged and why the official definition has not been revised in as many years.

Watch this space.

It’s high time we act in unison. I remember the time when we had forced BSNL (and it’s lethargic army of frigging idiots) to implement unlimited Broadband. At that point of time, I was totally convinced that a concerted public action can achieve wonders. At this point of time, it’s me who is alone in fight against the big bad corporate telecom company and I intend to take the battle in their court till the time I am assured of a decent network coverage; something that I pay for.

Oh by the way, it reminds me that so far, Vodafone Essar would qualify easily for the “COVETED” asshole of the year award!!

Tata Photon Plus: Open Letter to Tata Executive

This is in response to Tata Teleservices “executive” commenting on my blog on the previous post.

Dear Ms Sangeeta,

Thanks for not “influencing” my thoughts.

I understand that you work for the company that is part of the established oligopoly. I do accept your offer to show me a “demo” which in the real world conditions has no relevance per se.

A one time “burst” of speed or “lightening” fast downloads has no meaning unless your product throws up a consistent performance in real time. I should be aware of the customer service as well as the time taken for any complaint resolution. You should back it up with a responsive team to address the billing issues that may arise during the course of usage.

I find no indication that your Photon Plus would work on my Ubuntu Desktop since I don’t use Windows platform. Even if I have to get a demo, I have no clue whether it would work or not. Your company doesn’t bother to address the Linux users and I couldn’t find any information about the drivers that might be needed to “dial” in your network.

The average user has experienced speeds ranging from 3-70 kbps which is slower than a dial up. While this may depend on “various factors”, I don’t have reason to contest this claim. Reason is that it’s easier for you to claim the “network conditions” and if any one is signing up for the contract, then he/she is at your mercy.

The pre sales is usually very strong with a huge amount of advertisements and tall claims. The after sales, usually, drops to zilch. Nada. There is a resounding and deafening silence.

Interestingly, you chose to leave a comment; you should have emailed me your concern. But then, on a public forum, your company becomes the object of ridicule.

Last but not the least. What is the meaning of “fair usage policy” for “unlimited downloads”. Where the F*** has it come from? What is the meaning of unlimited downloads? If your company is charging a customer for the same, it is at the customers discretion to use the way he/she deems fit. If you feel that your network is liable to be “abused”, why not stick on to metered net access alone?

It is the “considered” decision of almost all the ISP’s to stick on to “fair usage” policies which flies in the face of fair access. Tomorrow, you would be happy to police the Internet to snoop on the websites a customer wishes, all in the name of state security! What gives you the moral right?

The spectrum is public property and you are just adding value to it. You don’t effectively own the spectrum in the sense that till the time your licensce expires, you are most welcome to make profits resulting thereof.

You too are most welcome to your opinion, hence.