By Tim Ferguson, 19 December 2007 11:30
NEWS
Ofcom is being called on to introduce a code of practice for internet service providers (ISPs) around disparities in advertised and actual broadband connection speeds.
The code would establish agreed processes on providing customers with information on line speed during and after the sales process and give people flexibility to move packages.
According to the Ofcom-appointed Consumer Panel, there are concerns about many broadband subscribers getting lower speeds than expected.
Broadband from A to Z
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A is for ADSL
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The Consumer Panel has held discussions with the UK's six leading ISPs to find out why actual and advertised broadband speeds don't always tally.
Colette Bowe, chairman of the Consumer Panel, has written to Ed Richards, Ofcom's CEO, about the regulator's potential role in creating such a code of practice.
The code of practice would require ISPs to explain factors affecting line speed to customers and advise of actual speeds when lines are activated.
If actual line speeds are significantly lower than advertised, customers should have a penalty-free option of moving to a different package or even to terminate their contract.
Bowe also requested that Ofcom makes information available to the public on its website on the technical issues that affect broadband speeds to assist customers on their choice of ISP.
Advertising is another area the Consumer Panel wants addressed and Bowe said she will request the Advertising Standards Authority to work with ISPs to make broadband speed factors more prominent in marketing.
In its response to the Consumer Panel recommendations, the Internet Service Providers' Association (ISPA) said: "ISPA supports clear and transparent advertising and suggests that consumers speak to their ISP or the ISP they are looking to subscribe to for the 'typical' speed the ISP can supply."
The statement added: "There are technical limitations on the performance of internet connections which are beyond the control of the ISP."
In his reply to Bowe's letter Ed Richards said Ofcom welcomes the contributions of the Consumer Panel and has already been looking at these issues.
He wrote: "Our initial proposals, on which we will be engaging with consumer groups and industry early in the New Year, are very much in line with the measures set out in your letter."
Comments
There are 15 comments. Join the discussion
1. Karen Challinor
here's a suggestion
1 - you buy an 'up to' certain speed package which sets a cap price
2 - the line speed is constantly monitored by the ISP and you pay that fraction of the cap price that you actually get
so if you have an 'up to' 8Mb package and you only receive an average of 4Mb over a month then you pay 50% for that month
the ISP's would have engineers on overtime trying to get every last bit per second out of your line
although ADSL users would still be a bit stuffed as the last mile of copper, owned by BT, will always be a limiting factor until it's replaced by fibre, and thanks largely to the fact that OFCOM would make BT effectively give away any fibre they do install to third parties BT aren't in any hurry to do this
2. Nick Borek
ISPs should be forced to specify a minimum as well as a maximum speed for each service offering. Where they fail to provide the minimum service they should only be able to charge for a service at the level they have achieved.
3. anonymous
What bit of "up to" do people not understand?
4. anonymous
We should be very clear what the ISP means by 'speed'. It's all very well reaching the ISP's own internal services at full ADSL speed, but the ISP is useless if there is congestion on its links outbound towards the Internet.
5. Roger Huffadine
The BIG problem is that the ISPs are hiding behind the excuse that BT give the ISPs no guarantee of bandwidth or availability so they can't give us any guarantees.
OFCOM should mandate that all communication contracts contain "service level" agreements.
Then the problem goes away.
and
The lawyers get much richer....
6. misceng
Karen's idea is good but I wonder if it is practical. I pay for up to 16Mb. I get at various times 450kb to 7.2Mb. Average is probably just below 5Mb. One problem is that when my link is slow a reboot of the PC and modem can usually bring the speed back up to 6 or 7Mb. Who at the ISP end can deal with that?
7. Mr Shaun Warburton
it's those magic words again is'nt it "up to" that gets them off the hook every time.
I myself have recieved a letter about my excesive use of the bandwidth. and was told that I was robbing others of a service that they have paid for.
What about me? I pay for an 8mg service, but I am lucky if I get 3mg So who is Robbing who?
8. Don Tregartha
Great idea Karen, We get around half our 'up to' speed here in central MK, and there's no incentive for BT to change that. At home, I probably get 10% of the 'up to' speed and paying 10% of that would be around what its worth.
Happy Christmas.
9. Charles Wood
ARe ISPs or line suppliers not subject to normal consumer laws? If they advertise one thing and sell another then surely they are breaking the law. It just needs someone with money to prosecute one. This is the same type of sloppy legislation that the banks "fine" you under.
If they advertise you getting streaming content and you cannot, then it must not be "suitable for the purpose intended"?
Lies, lies and law for the rich.....
10. Nick
It's easy enough to suggest an 'up to' tarrif....but what about giving the consumer the capability of monitoring their own useage?
Where else do you pay an invoice without being able to verify that what you are being charged for is what you have used?
ISP's not only need to be much clearer about the speed of their service, they also need to be very clear that an "unlimited tarrif" is actually Limited.
11. anonymous
A toolbar "speedometer" should be very easy to implement, giving the user a continuous display of actual speed of that connection.
Where the Weasel Worded Ad-Men have beaten us of course, is the use of "up-to" in describing connection speeds.
"up-to" means the same as "never more than" ... but it sounds so much better!!
The Advertising Standards Authority should never have allowed this.
Silicon readers will be aware of Contention Ratios, but the Great British Public expects to get what it [thinks it] paid for.
12. Mike Mundy
Broadband providers should be required to advertise a "Minimum" speed.
13. GALLEY SLAVE#41
We should only pay for what we get
that would improve the real speed very very quickly.
14. Rob
We should make it even simpilier by getting the ISP's to offer every increment as a package i.e. 1, 2, 3, 4, 5, etc.
Least that way people will be paying roughly for what they are getting, yes at times your 5Mb speed might drop down to half that every now and again, but if your paying for a package that's more accurate to your actual obtainable speed, you can just put it down service glitch.
All of this is to do with advertising and public perceptions, the average Joe will be completely clueless about actual speeds they are getting and paying for, just like iPhone buyers are completely clueless about mobile phone technology, but they still buy an overpriced phone (sorry couldn't think of a better anaology, I'm sure there is one if I had time and it wasn't Friday).
15. anonymous
All this will mean nothing and will do nothing to help the consumer.
All the ISP's will simply add the words:
"Up to"
"Continuous service not guaranteed" (Verizon already does this)
"Factors beyond xxxx's control may affect your actual speeds"
to their contracts. That's it. They have covered their butt's, and not provided the consumer one bit of useful information.