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ISPs ignore Ofcom's broadband code of conduct

By Barry Collins

Posted on 29 Mar 2010 at 11:03

Ofcom has admitted that ISPs are routinely flouting its Voluntary Code of Practice on Broadband Speeds.

Under the terms of the code - which came into effect in December 2008 - ISPs are meant to provide customers with an estimate of their maximum line speed at the point of purchase.

However, a mystery shopping exercise conducted by the regulator shows that ISPs are often failing to volunteer the information. Eighty five per cent of Ofcom's mystery shoppers were provided with an estimate of their line speed, but the shoppers had to prompt the salesperson in 42% of those cases, which means less than half of broadband providers are volunteering the required information.

Comment

Barry Collins on why it's time for Ofcom chief Ed Richards to go

Ofcom has declined to name and shame the ISPs that are failing to live up to their obligations.

Even when providers are delivering estimates, they are often so vague as to be useless. Some ISPs offered expected line speeds in the form of a range of between 10Mbits/sec and 20Mbits/sec, giving consumers little clue about the actual speed they could expect to receive.

Estimates also vary from ISP to ISP, because of the different methods used to estimate line speed. On one particular line, Ofcom's mystery shopper was given four different estimates from four different providers, ranging from 8.5Mbits/sec to 20Mbits/sec.

Tightening the code?

Ofcom said when it launched the code in 2008 that it would be made mandatory if ISPs flouted the rules. Yet, today Ofcom is merely repeating the threat to introduce formal regulation.

When asked why the regulator continued to dither over a mandatory code, an Ofcom spokesperson said: "We did some smaller mystery shopping earlier in the year, and this [set of results] is a vast improvement on then." She added that formal regulation would take "a long time".

Instead, Ofcom said it plans to tighten the Voluntary Code of Practice by requiring ISPs to give the line speed estimate "early in the sales process". It will also work with ISPs to find a "consistent and accurate way" to estimate line speeds.

Cancelling contracts

Ofcom has also said that it plans to "explore with ISPs whether it would be appropriate" for consumers to cancel their contracts if actual speeds are "significantly below" the estimates.

This was part of the original Broadband Code of Conduct proposed by the Ofcom Consumer Panel back in December 2007, but didn't make it into the final agreement following protest from ISPs.

Ofcom's spokesperson said ISPs were now "more willing" to consider freeing customers from contracts.

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User comments

Doesnt make sence....

Quote 'Ofcom has declined to name and shame the ISPs that are failing to live up to their obligations.'

But its voluntary, therefore they dont have to give anything. Yet another failing in Ofcom's bleak history.

By andy_fogg on 29 Mar 2010

Ofcom toothless again

They are not fulfilling their remit as a regulator and seem consistently to bow to ISP protest. It is in no one's interest to maintain the status quo, not even the ISPs. Much better to exist in a transparent market where you have a chance to differentiate yourself. At the moment, there is no transparency and therefore no true competition.

By Mat1971 on 29 Mar 2010

Toothless and useless

The code is hopeless anyway. As well as knowing that my broadband speed is going to be lousy I also want a price reduction. Why should those of us still stuck on 512kb connections pay the same as 8mb or more? Sure you can have unlimited downloads but at these speeds they are only any use if you have the patience of a saint or live on the computer 24 hours a day. Ofcom need to get out more and get some teeth. Otherwise I see some efficiency savings coming....

By jaibee3 on 29 Mar 2010

I'm with BT and get well under half of the speed (when they aren't throttling). I'd like this to be made mandatory but whilst "Voluntary" is in the title how can Ofcom complain?

By Arcavexx on 30 Mar 2010

Self Regulation

Yet another piece of evidence that self regulation doesn't work. The press, Estate Agents, bankers.....need I say more

By ralphw on 1 Apr 2010

It's Voluntary!

How can they enforce anything when its Voluntary? Idiots! And to say 'Formal Legislation' would take a long time - they set up this system in 2008, surely enough time to have drafted some real legislation by now.

By Wilbert3 on 1 Apr 2010

Standards slipping...

I used to work for an ISP - I won't name them as I'm not advertising. When a customer asked to sign up to our ADSL package the tech took their postcode, put it through the broadband availability checker on BT's website and then told the customer whether the result was green, amber or red - red being the exchange not adapted yet.

It wasn't an exact speed quote but it did give an indication of whether the customer would get near the maximum. It was not difficult to do, but in this age of 'get their money, forget the service' it seems no ISP can be bothered with even that simple check anymore.

By CeltiKaos on 1 Apr 2010

Accuracy of speed checkers

Many ISPs have an online speed checker which gives an estimated speed for a specific line. Sure if it says "6Mb" and you barely get 1Mb, you probably have a right to feel aggrieved and that you should be able to review your contract. But if you ignore this and think you will get "up to 20Mb" just because the advert says so (and assuming that anyone can get it), isn't that your own problem?

I have no sympathy for ISPs reinventing the English language stating "up tos" that are unachievable by anyone, and "unlimited" when there are easily achievable limits - there's quite a bit of irony that they seem to get away with both, and OFCOM seems to let them. But we as a public seem to feel that we should be protected from everything including our own lack of common sense, and that nothing is our own responsibility any more.

By halsteadk on 1 Apr 2010

Does it matter?

Are there any statistics that show how the internet is used? I could imagine that 95% of customers spend a couple of minutes on BBC News and send/receive a couple of emails. Does 2 Mb/8Mb/20Mb make much difference to them? The other 5% are those who use it and really want to be at the top of the "up to" but within a short time are capped because of excessive use. This 5% cannot be allowed to extend the email download time from 10 seconds to 20 seconds for the majority of users.

By Marfie on 2 Apr 2010

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