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Ofcom Releases Broadband Speeds Code of Practice
Thursday 05 June 2008 07:03:19 by Andrew Ferguson

The difference between the actual and advertised broadband speeds has been a good staple for media coverage for some time now in the UK. In an attempt to help clarify things for consumers Ofcom has published a voluntary Code of Practice governing broadband speeds. The code of practice tries to provide a framework that providers can work within to provide users with information they can understand, although it is worth noting some providers already do so. The Code covers much more than just your estimated connection speed--It goes so far as requiring providers to detail what services are affected by any traffic management/shaping.

While the code of practice is voluntary, Ofcom does assert that it will be monitoring the impact of the report and if voluntary measures do not improve matters they may intervene with formal regulation.

"As consumer demand for bandwidth-hungry applications increases, there has been a noticeable trend for some ISPs to advertise their products based on faster and faster headline speeds. However, the evidence reviewed to date by Ofcom suggests that these speeds are rarely achievable by the consumers that buy them. This is caused by a number of factors, including the nature of the customer's line, the capacity of ISPs' networks, the number of subscribers sharing the network, and the number of people accessing a particular website."

Broadband Speed Code of Practice

The Code does not apply to dedicated business products used primarily by business customers. All residential products are covered, but a small business buying one of these products will be covered under the scope of the rules.

A very important area that can lead to consumers getting confused is the various speed figures involved with broadband. In the days of dial-up it was fairly easy as you saw the speed your modem connected at pop-up in the system tray and knew to wait for each web page to open. Now, you will see speeds like 100Mbps and 54Mbps pop-up and some assume this is their broadband connection speed. If using a USB ADSL modem (which are rapidly disappearing from the market), then you will often get a pop-up showing the connection speed, but with wireless or wired Ethernet connections to an ADSL modem/router or cable modem the figures commonly seen in the system tray actually refer to the speed of the local network connection that links you to your broadband modem. Ofcom has defined four categories for speed.

  1. Headline or advertised speed: Basically the big number you see in adverts, usually preceded by the words 'up to'; This is the theoretical maximum under optimum conditions.
  2. Access line speed: Speed of the data connection between broadband modem and first elements of the providers network. Usually expressed by hardware as Kbps (Kilo bits per second) and often referred to as the sync or connection speed.
  3. Actual throughput speed: This is the what your computer reports as the speed when downloading files. Often reported in KB/sec (Kilo Bytes per second; 1 Byte = 8 bits, so 100KB/sec is 800Kbps). You can test this for example with our speed test tool
  4. Average throughput speed: An average of the above. We provided some average regional broadband speeds recently to inform the debate.

The code contains eight core principles outlined below. Providers are expected to implement these within six months:

  1. Training: Providers will use best endeavours to ensure all representatives and agents involved in the sale or promotion of their service have sufficient understanding of the products for sale.
  2. Information at time of sale: Many providers already provide estimates of access line speed. Those signed up to the Code are required to supply this when you sign-up. Customers should have the speed made clear to them when signing up (over the phone or online), and that is is the estimated maximum access line speed. Explanations should also be provided to explain that throughput speed will probably be lower than the access speed, depending on factors such as congestion or traffic management. A key point is that the provider should indicate the times of day when the network is likely to be the most congested. Access line speeds are to be expressed in Mbps (Mega bits per second; commonly referred to as "meg") rounded to the nearest whole number apart from line speeds below 4Mbps where 0.5Mbps steps should be used.
  3. Accuracy of information on access line speed: Providers should take reasonable steps to ensure access line speed estimates are as accurate as possible and updated to reflect changes or new information on the line. Obviously many providers rely on the information from BT Wholesale and Openreach and Ofcom will work with the providers to address accuracy of information issues.
  4. Managing consumer expectations: Providers need to train their support staff to diagnose where the problem may lay if a customer complains of slow speeds. Simply always blaming a virus or clearing cookies will not suffice any more. Once it has been determined that the access line speed cannot be improved to a figure closer to the original estimate, if a lower priced product is available that might suit a users needs e.g. 1Mbps rather than an up to 8Meg service, the provider should allow the customer to regrade without any change of package penalty, as if this was the package the customer initially order.
  5. Presentation of information on provider website: Providers need to use their best endeavours to lay out the required information in a manner that is clear to consumers. Most importantly for many, criteria for falling foul of any fair use policy should be published. Where a provider has an email address for a customer and they've crossed a usage or fair use limit they should email them, and consider emailing customers pro-actively as they approach the limit. Where a provider uses traffic management techniques they should publish clear information on the restrictions, covering the types of applications, services and protocols affected and specify when peak periods are.
  6. Timescales: Where a provider signs up to the Code of Practice they will have a six month period in which to implement the various measures.
  7. Compliance monitoring: Ofcom will monitor the situation, and may use mystery shoppers to confirm that sign-up processes comply.
  8. Consumers awareness of providers adoption of the Code: Providers should make it clear to consumers when signing up that the provider is signed up to the Code and provide an easily accessible link on their website.

The ten-page document contains much more detail. Hopefully it will help to address concerns of consumers and hopefully increase the understanding of the various products making comparisons easier. In some of the worst cases currently some sales staff are known to say things like 'your minimum speed will be 6.5Mbps', when in reality the situation is that 6.5Mbps is what the maximum estimate for your access line speed is.

This code of practice does not solve the problem of comparing providers overnight. Ofcom is also looking to have a base for testing 2,000 representative broadband connections providing round-the-clock speed information for both regions and service providers.

The list of 32 providers who have initially signed up to this Code of Practice can be seen in full in here and Ofcom will update its own website as more providers sign-up.

Comments

Posted by keith_thfc over 6 years ago
"While the code of practice is voluntary, Ofcom does assert that it will be monitoring the impact of the report and if voluntary measures do not improve matters they may intervene with formal regulation."

So basically there's no incentive for any ISP to do anything until formal regulation is in place.

And knowing Ofcom, that will be as toothless as everything else they suggest.
Posted by jrawle over 6 years ago
This is more about staff training than advertising. Unfortunately, sales staff often don't know what they're talking about and follow a script. So when the customer asks a question, they are told a max speed is the minimum, etc. With ADSL, I don't see what can be done about advertised speed, as it's not possible to tailor an advert to each individual customer! What Ofcom should do is clamp down on adverts for "unlimited" usage when their products blatantly don't provide it.
Posted by Somerset over 6 years ago
Regional speeds are meaningless, what matters is the distance from home to exchange and any LLU or ASDL2+ provision.
Posted by keith_thfc over 6 years ago
Customer: Why is my speed so shocking at peak times? You told me I'd at least get 2 Meg at peak times and it says that you're signed up to the Ofcom code.

Cowboy ISP:

Ha ha ha.......oh dearie me there's another one born every minute...........that's the traffic shaping we didn't tell you about Sir. We've permanently increased the throttle because our records predicted you would be in the 1% of heaviest users next Tuesday lunchtime.
Posted by herdwick over 6 years ago
the incentive to ISPs is that a voluntary code is something they have been involved in defining and can work with, whereas if the voluntary approach doesn't work you'll get some clunking regulatory approach with a whole range of unintended consequences.
Posted by herdwick over 6 years ago
"s it's not possible to tailor an advert to each individual customer! " however the vast majority of online signup systems do involve a number based speed estimate and availability check. One can only assume that bit of it is aimed at doorstep, shop and telesales which are hard to audit either way.
Posted by chrysalis over 6 years ago
the speed estimation online however ignores congestion caused by high contention and isps throttling. I am 50/50 on this it seems ofcom are tip toeing.
Posted by keith_thfc over 6 years ago
"the incentive to ISPs is that a voluntary code is something they have been involved in defining and can work"

Herdwick

I don't think ISP's should be allowed to make up their own rules - as shown with FUP's - the usual suspects will just invent their own ways of misleading people.



Posted by CARPETBURN over 6 years ago
Just move to ADSL2+ LLU and if you are not millions of miles from the exchange you will get more than 8Mb anyway..... job done
Posted by Somerset over 6 years ago
Not for everyone though!
Posted by CARPETBURN over 6 years ago
quote"Not for everyone though!"

No i agree, hence why i pointed out the distance to exchange thing... If we look back a few months though BT were talking as if ADSL2+ was the holy grail, so my post was only following their methodology ;)
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