The ISPs are aware of the percentage of throttling they apply under FUP to any 'infringing' subscriber and as such can calculate the pro-rata rebate against that! So if a 10Mbps speed ADSL line connection is throttled down to 1Mbps (which seems to be the practice) when the consumer apparently exceeds this invisible bandwidth usage barrier the ISP suddenly fails to deliver 9/10ths of the other paid for service, the line speed package, a separate package that is billed for separately to the service the FUP applies to! On occasion when I have raised this issue with my own ISP they have claimed they cannot measure line latency and while this statement is technically correct, as line latency due to over subscription of and outdated infrastructure supplied by Telkom is out of their control, but it is not the correct excuse being offered as as line latency is irrelevant to my enquiry and the intentional throttling is and the resultant non delivery of a parallel but separate service namely intentional dropping in the subscription line speed can be measured. So if an ISP does throttle your connection to prevent 'bandwidth usage abuse' they should reimburse you pro-rata for the reduced line speed which is a separate service you are paying for. There is also a very important factor attributed to this 'Throttling' that ISPs, ASA and ISPA seem to conveniently ignore and that is, purchasing bandwidth (the object that the ISPs claim is being abused) is priced and paid for quite separately from your line speed which is where the throttling is happening.This purposeful slight of hand on the part of the ISPs when using the word 'Uncapped' in their marketing is somewhat questionable and obviously very misleading at best! The Oxford dictionary defines uncapped as such: To Remove all limits or restrictions on (a price, rate, or amount).and this is the meaning that most consumers attribute to the word 'Uncapped' and not some vague technical definition listed on some ISPA website. This is outright devious behaviour and very misleading and we, the consumer, should not stand for it. Firstly by technically defining the obviously ' Limited- Uncapped' account as just 'Uncapped' the ISPA gives ISPs carteblanch to apply this false definition to their marketing as well with only well hidden reference in fine-print pointing out this subtle subterfuge, and thus severely limiting any recourse from the consumer.Well, yes, there is actually quite a bit wrong with all this subterfuge! So is this fair practice or are we being purposefully mislead or even worse? Well according to the Advertising Standards Authority of South Africa (ASA) and the Internet Service Providers’ Association (ISPA) nothing! When users exceed the monthly FUP, their connection speed is usually throttled. OK so what is wrong with this. While most of these products offer lots of data for their price, they typically come with a fair use policy (FUP). Many telecommunications operators and Internet Service Providers (ISPs) in South Africa are promoting their data products as “uncapped” or “unlimited”. Many companies are promoting their data offerings as uncapped or unlimited, but consumers should read the fine print

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