The ACCC threatens to take Telstra and other ISPs to court over misleading NBN speeds



File 20170720 23983 2a90me
Not up-to-speed.
NBN Co

David Glance, University of Western Australia

Rod Sims, chairman of the Australian Competition and Consumers Commission (ACCC), has signalled that the regulator is going to take a tougher stance against internet service providers like Telstra, Optus and Vocus about misleading consumers about NBN broadband speeds.

In particular, Sims has said that Telstra’s continued use of terms like “Very Fast” and “Super Fast” to describe theoretical, but often unobtainable, broadband speeds needs to stop.

The ACCC has indicated that it is likely to bring court cases before the end of the year if these practices don’t end.

In a speech at the Unwired Revolution Conference, the ACCC talked of the findings of a Australian communications sector review.

In particular, Sims drew attention to the fact that the Australian public were opting for slower speeds on the NBN mainly because ISPs were unwilling to sell faster speeds due to the high costs of the connections (CVC) provided by NBN Co.

The pricing of wholesale connections provided by NBN Co are set in order for them to recoup money that has been invested, in large part by the Australian federal government, and so unless NBN Co is directed to do this differently by the government, the situation is unlikely to change.

Part of the problem is the lack of transparency. Many properties that are being supplied with a Fibre to the Node (FTTN) connection may never be able to get the fastest connection plan of 100 Mbps because they are too far from the node. As the chart below shows, speeds of 100 Mbps can only be achieved if the house is within 500 meters of the node.

FTTN speed slows with distance from the node.
NBN MTM

A map of properties in Australia highlights that two houses on opposite sides of a road can have very different maximum speeds because of the nodes they are connected to. Telstra has previously admitted that some customers were sold plans for speeds they would never be able to attain at their premises.

NBN street map showing distance from node and calculated speed.
NBN MTM

In addition to this, there are the number of connections to that node and in particular, the capacity of the ISP to handle peak demand by having spare CVC capacity. There are also other factors that would affect a property’s connection, including the state of the copper wiring between the node and the house.

What the ACCC wants ISPs to do is to tell customers not only what the theoretical maximum speed may be for their property using a given technology, but also what the speeds may drop to during peak demand.

NBN Co has this data and could make it public, but it won’t because it claims that it is the responsibility of the ISPs to tell their own customers. Shadow communications minister Michelle Rowland has filed a freedom of information request for the NBN data of theoretical speeds for each property.

The ACCC is recruiting volunteers to install special hardware and software to monitor speeds and the quality of internet connections in their homes.

The results of a pilot trial reported in 2015 showed that the problems with peak demand and variability of internet speeds existed on pre-NBN internet services like Telstra’s HFC cable service. As the figure below highlights, even fibre to the premises (FTTP) connections from one provider varied dramatically, dropping significantly every evening.

Average download speed of FTTP connections.
ACCC

While the data that the ACCC is collecting will be useful and will ultimately assist in highlighting ISPs that are not providing promised services, it would be far better if NBN Co provided this data publicly in the first place.

If the politics and economics of the NBN mean that consumers are going to mostly stick to slower speed plans, many of the proposed economic and social outcomes that were originally envisioned will not be realised.

The ConversationWhile it may represent a slightly better situation for some people who currently have a poor connection via ADSL, it is hard to justify the AUD$20.3 billion that has been invested by the Australian government in the network so far.

David Glance, Director of UWA Centre for Software Practice, University of Western Australia

This article was originally published on The Conversation. Read the original article.

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LEFT-LEANING EVANGELICALS MISLEADING YOUNG CHRISTIANS


Some prominent evangelicals who are backing the “hate crimes” bill awaiting a vote in the Senate are making a concerted effort to get evangelicals to abandon their traditionally conservative voting habits, report Jim Brown and Jody Brown, OneNewsNow.

The homosexual activist group Human Rights Campaign held a “Clergy Call” rally last week on Capitol Hill to urge passage of legislation that would add “gender identity” and “sexual orientation” to the list of protected categories under federal hate crimes law. HRC distributed statements from some influential evangelicals who support the bill, including Mercer University Christian ethicist David Gushee and Florida mega-church pastor Joel Hunter.

Pastor Hunter says he “strongly endorse[s]” S. 909* because it “protects both the rights of conservative religious people to voice passionately their interpretations of their scriptures and protects their fellow citizens from physical attack.”

Mark Tooley, president of the Washington-based Institute on Religion & Democracy (IRD), says such statements from figures like Hunter and Gushee are finding fertile ground — particularly among a new, younger generation of evangelicals.

“Clearly [these clergy] are a part of an evangelical left crowd who are strategically attempting to shift evangelicals away from conservative social issues to liberal economic and foreign policy [issues] — and in this case, in the case of hate crimes legislation, social issues as well,” he states.

In a statement released on Monday, Tooley argues that increasingly, the evangelical left is “indistinguishable from the secular left.”

“Christians of all traditions are called to transform the culture — not conform to it,” he says in reference to Romans 12:2. “But the evangelical left repeats arguments from The New York Times’ editorial page and seems to think such cultural conformity will win applause. History shows that accommodationist Christians are ultimately irrelevant Christians.”

The IRD president believes it is the responsibility of conservative evangelicals to reach out to young evangelicals who are identifying with the religious left, and point out to them that certain Christian traditions merit their support because they contain “intellectual and spiritual substance.”

Also participating in the HRC “Clergy Call” were liberal evangelist Tony Campolo and United Methodist trans-gendered pastor Drew Phoenix.

Report from the Christian Telegraph

BANGLADESH: MUSLIMS THREATEN PASTOR FOR EVANGELIZING


Previously beaten in a mosque, evangelist has faced opposition for more than a year.

DHAKA, Bangladesh, January 6 (Compass Direct News) – The torture and harassment that a Christian pastor in Meherpur district has faced for more than a year loomed anew last month when a 4,000-strong crowd of Muslims celebrating Islam’s largest festival accused him of “misleading” Muslims.

Jhontu Biswas, 31, said residents of Fulbaria town, 270 kilometers (168 miles) west of Dhaka, accused him of misleading Muslims by distributing Christian booklets. They confronted him en masse on Dec. 9 as they gathered for the Islamic Eid al-Adha festival of sacrifice.

“They also accused me of converting poor people by offering money,” said Biswas. “They called several local journalists in that massive assembly to publish news against me and my activities. They took my photograph and interviewed me but did not publish anything in their respective newspapers.”

Biswas denied the accusations against him, and the Muslims threatened to harm him and others who converted from Islam to Christianity, especially in the event of a hard-line Islamic government coming to power following Dec. 29 elections, he said.

“They said, ‘You will be in great trouble at that time,’” Biswas said.

Fortunately for Biswas, the left-leaning Awami League-led Grand Alliance won a landslide victory in the election, and it does not include Islamic fundamentalist parties such as Jamaat-e-Islami. Prior to Bangladesh’s national election on Dec. 29, the country was ruled for two years by an army-backed, caretaker government that imposed a countrywide state of emergency.

Had the previous Bangladesh Nationalist Party coalition government including Jamaat-e-Islami come to power, area Christians said they would be in even greater danger.

“We hope that we can work our religious activities properly during the tenure of this government, and also hope that this government will ensure all of our constitutional rights regarding religious activities,” Biswas said.

 

Beaten in Mosque

The pastor has been under continuous pressure to give up his faith and not spread Christianity since he was baptized on Feb. 14, 2007, he said. He was in a meeting with members of his church on Dec. 31, 2007, he said, when police suddenly surrounded the building and dragged him out.

A drug peddler, a 36-year-old woman named Fulwara Begum, had left a bag full of illegal drugs behind his church in accordance with a plan hatched by area Muslims, he said. They informed police, and officers arrested him for drug possession and sale – but instead of taking him to the police station, they took him to a nearby mosque.

“It was a trick to arrest me and slander my reputation so that I cannot do evangelical activities here,” said Biswas. “They told me, ‘If you accept Islam after confessing to Christianity and ask forgiveness of Allah, we will not do anything against you and release you.’ They beat me with sticks in the mosque after my vehement denial to their proposal.”

Police called on a Muslim cleric to encourage Biswas to seek forgiveness for embracing Christianity.

The following day, Jan. 1, 2008, police sent him to Meherpur central jail on drug charges, but the jailer would not admit him because of his battered condition. Police took him to a nearby hospital, where he was treated for five to six hours. He was subsequently put into jail.

“Whenever I did not agree with them, police beat me inhumanely in the police station,” he said. “They tried to brainwash me into accepting Islam throughout almost the whole night. But I did not agree with them. Then they tortured me.”

After 20 days in jail, Biswas was released on bail.

 

Elderly Shop Owner Struck

On Aug. 16, Muslim extremists had vandalized a grocery store near Biswas’ church. The 78-year-old owner of the shop, Abdus Sobhan, told Compass that he was beaten and his shop was looted. They also hurled stones and bricks at the nearby church.

“My angry Muslim neighbors did it,” Sobhan said. “Around seven to eight people came on that night and vandalized the shop. I am a poor man. That shop was my only source of living. They demolished it and looted stuffs of around 30,000 taka [US$443].”

Area Muslims put a sign near the shop that designated it as that of a Christian and stating, “Do not buy anything from here.”

Sobhan went to police to file a case. Instead, officers asked him barrage of questions about why he became a Christian. Resigned, he left the police station.

The father of nine daughters and two sons, Sobhan said he became a Christian on Feb. 24, 2007 along with his wife.

The president of the Assembly of God church in southern Khulna division, Jonathan Litu Munshi, told Compass that Biswas was the first Christian in the area. Through him 200 to 230 people have received Christ as their redeemer in the predominantly Muslim area within the past year and a half.

“Local people filed a false case against him to torture him so that he does not continue his religious activities,” said Munshi. “Unfortunately a septuagenarian convert was also beaten in that area for his faith in Christ.”

The Islamic political party Jamaat-e-Islami is influencing the area residents, Christians said, adding that party workers have persuaded Muslims not to hire Christian converts, who are largely day-laborers eking out a living.  

Report from Compass Direct News

SHARIA COURTS OPERATING IN BRITAIN RECOGNISED BY BRITISH LAW


Rowan Williams, the archbishop of Canterbury and head of the Church of England, said he was shocked at the furor that arose after he told an audience earlier this year that he thought it “seems unavoidable” that some accommodation for Islamic sharia law would be implemented in Britain. However, Williams’ statements evidently were prophetic, as a report in the Sunday Times has revealed that the Islamic law is already operating in Britain, not only in domestic disputes, but also in criminal cases, reports Hilary White, LifeSiteNews.com.

The Times said this weekend that the government had officially accepted the existence of sharia law courts to officiate in Muslim civil cases. The rulings of a network of five sharia courts, in London, Birmingham, Bradford and Manchester with the network’s headquarters in Nuneaton, Warwickshire, are now enforceable “with the full power of the judicial system, through the county courts or High Court.”

Sheikh Faiz-ul-Aqtab Siddiqi, a barrister and head of the Muslim Action Committee, told the Times that the Arbitration Act 1996 allows rulings by his Muslim Arbitration Tribunal to be enforced by county and high courts.

“The act allows disputes to be resolved using alternatives like tribunals. This method is called alternative dispute resolution, which for Muslims is what the sharia courts are,” he said.

Siddiqi said he expected the courts to handle a greater number of “smaller” criminal cases in coming years as more Muslim clients approach them. “All we are doing is regulating community affairs in these cases,” said Siddiqi.

The Times said that these Muslim courts started operating in August 2007 and have dealt with more than 100 cases, ranging from Muslim divorce and inheritance cases as well as six cases of domestic violence, normally a criminal procedure under British law. The Times quoted Inayat Bunglawala, assistant secretary-general of the Muslim Council of Britain, who said that since Jewish tribunals operate in Britain, parity should be given to Islamic courts.

Dominic Grieve, the opposition’s shadow home secretary, told the Times that courts operating in criminal and family law cases outside the regular system would be “unlawful.” “British law is absolute and must remain so,” he said.

Melanie Philips, writing on her blog at the Spectator, wrote that “confusion abounds” over the report, because there is “nothing new here at all” and said that the story is “overheated and misleading.” Decisions of sharia courts, she said, have always been enforceable under the Arbitration Act.

But, she said, this does not “dispel the serious concern about the spread of sharia law and the scope of these courts.” Philips is the author of “Londonistan”, a book that examines the incursions of violent Islamic extremists into British society with the assistance of British government and courts.

She said the comparison between Islamic courts and Jewish tribunals were misleading, since the latter operate completely within the framework of British law and do not seek to set up an alternate judicial system.

Moreover, she said, “given the inferior status of Muslim women under sharia, any sharia arbitration in respect of domestic violence can hardly be viewed with equanimity.”

“The key point,” she said, “is that sharia law is not compatible with English law or the principles of equality and human rights that it embodies. The result … is that Britain is allowing the development of a de facto parallel legal system in Britain, thus destroying our society’s cardinal principle of one law for all.”

She added, “Indeed, if this continues Britain will break up as a unitary state governed by one law for all … This is the way a society fractures – and then goes under.”

Damian Thompson, the editor of the Catholic Herald, wrote on his blog at the Daily Telegraph website that he not only agreed with Dominic Grieve that the idea of a parallel Muslim system of law was “unlawful”, but that it is an “outrage.”

“There’s something creepy about the way the police allow sharia ‘courts’ to persuade women to withdraw allegations against their husbands.”

A BBC Radio 4 report found that the cases covered by these tribunals are not restricted to domestic disputes. Radio 4 quoted a Somalian youth worker who lives in London who said that in one case a group of Somali youths were arrested on suspicion of stabbing another Somali teenager. The victim’s family told the police it would be settled out of court and the suspects were released on bail. The matter was considered settled when an unofficial “court” ordered the assailants to compensate the victim’s family. Scotland Yard said they had no record of the incident.

In his book Islam in Britain, Patrick Sookhdeo, director of the Institute for the Study of Islam and Christianity, wrote, “Sharia courts now operate in most larger cities, with different sectarian and ethnic groups operating their own courts that cater to their specific needs according to their traditions.”

Report from the Christian Telegraph