>>> "Rob at the Investigator" <Rob@the-Investigator.com> 03/01/01
05:07PM >>>

Hi All

Well I just got back in and being going through the emails.. I think
theres
a Key issue that no-one has adressed.

I would be interested in the legal point of view ( Maybe Nick Rout can
say
something)

Telecom stats this: at
http://www.telecom.co.nz/merc/cda/content/faq/1,1050,100572,00.html?MS_ID=3

Quote:

So how fast is it?

Telecom's JetStream minimum target downstream line speed between your
premises and your local telephone exchange is 2Mbits/second. That's a
minimum target downstream line speed of 2000 kbits/second, which
compares
with a theoretical maximum speed of 56kbits/second for dial-up access
with a
56k modem!
As always with the Internet, you can only go as fast as the slowest
links.
For example, the international link to a site in the United States or
the
server speed at the site you are accessing. However, JetStream
customers in
New Zealand have experienced dramatic improvements in speed, and we
are
working on making it still faster.

**Important section**
Telecom may restrict data transfer speed across the Telecom Broadband
Network for network protection, operational, or other reasons, but it
will
not restrict data transfer speed below the target JetStream line speed
other
than temporarily and solely for network protection reasons.

End Quote.

Then how can they charge me Jetstream prices when they have throttled
the
line connection to 128k. I am no longer getting the minimum service
level
they state when logged on with a jetstart account. ( Even tho Rich says
it
doesnt work like that, Rich is wrong)
I have heard of people who got marginal Jetstream installs, and they
had to
sign a disclaimer saying they were happy with less than 2 meg minimum
connection speed... Yet I have not signed such a document.

Therefore I was not getting Jetstream level of service from Telecom..
so I
shouldnt have to pay for that. ( Lets face it, the speed is the only
diference between the 2 account options)

Personally , I would say you *are* receiving the Jetstream levels of
service. The speed between your
modem and the exchange is unchanged, i.e. the target 2 Mbit/s or over
unless
you've signed a disclaimer. Since the rate limiting occurs at the RAN,
which is outside
the reference points referred to on the disclaimer on the page, I'd say
it could be a bit of a mission
proving what you're hoping is in violation of the T & C. Just MHO
though.

Personally I think Telecoms inability to diferentiate the accounts
forces
them not to budge on this issue. Because they probably have no way of
telling what I downloaded at what Connection speed. If they admit they
are
wrong then they cant bill me for anything that month..

Comments on this please..

Rob

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Received on Thu Mar 1 17:16:43 2001