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ISP in Australia taken to court over 'supersonic' broadband claims
Tuesday 21 September 2010 12:37:06 by John Hunt

An ISP in Australia is to face the courts over claims that it offered supersonic broadband. The provider Optus offers broadband products with speeds of up to 100Mbps but users who use more than their defined usage allowance have their speeds slowed down to just 64Kbps, around 1500 times slower. The Australian Competition and Consumer Commission (ACCC) is taking the company to court over its claims which it believes are milseading and will bring an expert witness to help explain the difference between the speeds and what users can do with each.

Eleven television, print, billboard and Internet advertisments are being questioned as Optus claimed that "Supersonic" services were "four times faster than standard broadband" but failed to mention that traffic shaping could seriously decrease this speed. This is not the first time that Optus have been through the courts with the ACCC. In June the ACCC took Optus to court over its use of the word 'unlimited' to describe voice and data plans that had limits. Optus is still seeking court clarification on the use of the word when applied to telecom services. Luckily for Australian consumers, their regulators actually seem to understand the meaning of the word 'unlimited'.

Comments

Posted by Legolash2o over 6 years ago
100Mbps to 64Kbps, Holy ****! that's a difference!!!!!!

"Luckily for Australian consumers, their regulators actually seem to understand the meaning of the word 'unlimited'." Yep lucky them!
Posted by Legolash2o over 6 years ago
102,400 Kbps to 64Kb, that's defo over the top throttling!
Posted by shaunhw over 6 years ago
Yes. Perhaps someone should send a dictionary to Ofcom, and the Advertising Standards Authority with the word "unlimited" underlined.
Posted by otester over 6 years ago
Limits in Aus/NZ are ridiculous.

200GB with Optus is £90.
Posted by CARPETBURN over 6 years ago
If only the gutless law and regulators in this country acted in a similar manner to certain ISPs.
Posted by TaRkADaHl over 6 years ago
Although the same does happen in this country, its not as 'extreme' as this. 100Mb down to single chan ISDN speeds is way OTT for traffic shaping.

If they were capping down to 5~10Mb I suspect they could get away with this, as you would still get a usable speed if you broke the limit. But you can barely browse the current incarnation of the web with 64k unless you disable pictures + flash etc.
Posted by New_Londoner over 6 years ago
Just goes to show that it isn't perfect everywhere except in the UK, despite what some posters would have us believe. Note the Optus price as mentioned above - rather more expensive than the UK, and with a lower cap!
Posted by CARPETBURN over 6 years ago
^^^ Best you read what that deal is, its 200gig then speed throttled. Also unlike some in the UK they clearly advertise the throttle speed and the capacity you are allowed per month un-throttled.
Still enough to land them in court though, i can only imagine what aussie law would do to the likes of BT who you think are so wonderful.
Posted by CARPETBURN over 6 years ago
All very clear what you get for your money with multiple popups that explain even more... http://tinyurl.com/3ypf7du
Cant say the same for BT still dunno for sure if their FTTC is 100gig or 300gig, no BT person has officially confirmed the limit.
Posted by Somerset over 6 years ago
Downloading as much as you want, when you want

http://www.productsandservices.bt.com/consumerProducts/displayTopic.do?topicId=29017
Posted by Somerset over 6 years ago
That sounds like truly unlimited to me.

But includes 'Subject to Network Management' which means:

Customers who are classified as very heavy users will experience significantly reduced speed at peak times (typically 5pm-midnight every day but these times may change depending on the demand on the network) for a period of 30 days, or for as long as very heavy use continues. This applies to customers on all Options.
Posted by New_Londoner over 6 years ago
As someone said "All very clear what you get for your money ..."
Posted by GMAN99 over 6 years ago
You really are a number CB, it just goes to show no matter what the new article is about your quick to turn it around into a BT bashing article, this has nothing to do with BT its in Australia, try to stay on-topic.
Posted by CaptainHulaHoop over 6 years ago
BT Total Broadband Option 3 and BT Infinity Option 2 allow unlimited downloads and uploads within the monthly rental price, so customers on these products will not be charged for over-use. However, this does not preclude BT from reducing your speed if you are a heavy user in order to protect the experience for the rest of our customers
Posted by CaptainHulaHoop over 6 years ago
but no mention what over use is

Optus charge £61 for "superfast" with 100 gig limit, the speed restricted to 256k
£79 for 200gig limit
Posted by CaptainHulaHoop over 6 years ago
Infinity opt 1 40gig allowance £19.99

Infinity opt 2 "unlimited" with FUP (throttling but no excess charges) £24.99
Posted by CaptainHulaHoop over 6 years ago
comparing prices, prices here are fairly good in comaprison, for most average users.
Posted by CARPETBURN over 6 years ago
quote"Downloading as much as you want, when you want

http://www.productsandservices.bt.com/consumerProducts/displayTopic.do?topicId=29017"

FAIL!
http://bt.custhelp.com/app/answers/detail/a_id/10495/c/346

Stop trying to save the share price.
Posted by CARPETBURN over 6 years ago
quote"As someone said "All very clear what you get for your money ..."

Really well then if you are so clever, maybe you would like to inform us all what speed they throttle to and is it 100gig or 300gig...
http://community.bt.com/t5/BB-in-Home/WHERE-IS-OUR-USAGE-MONITOR-BT/td-p/35371/page/5
Please point out on BTS PRODUCT pages where it mentions speed they throttle to and the actual usage limits a staff member has banned about in that thread..... Go ahead, right now please, ignorant fool!
Posted by CARPETBURN over 6 years ago
quote"You really are a number CB, it just goes to show no matter what the new article is about your quick to turn it around into a BT bashing article, this has nothing to do with BT its in Australia, try to stay on-topic."

Totally on topic, speak to your nugget m8, he first mentioned comparing things outside the UK to here. I continued his slow and dumb thoughts.
Posted by CARPETBURN over 6 years ago
quote"That sounds like truly unlimited to me."

That sounds like true stupidity to me.

Posted by kamelion over 6 years ago
They will get away with it as technically fibre IS supersonic
Posted by TaRkADaHl over 6 years ago
Always got to make it personal and compare everything to BT...

Good ol predictable carpetburn.

We can always rely on you to spout the same old crap everyday.
Posted by TaRkADaHl over 6 years ago
Gives me a warm and fuzzy feeling inside knowing I can always rely on you :)
Posted by TheGuv over 6 years ago
Am I the only one thinking that regulators aside - there is no way any company in the UK would get away with that - not because of laws, because of the public backlash ?

Can say a lot about the UK regulator - but we can also generally say that our ISPs know not to shaft us after the backlash when throttling prevented iPlayer from working for many.

Ps. Carpetburn - well done on pulling a BT moan from out of nowhere. You're doing your best to prove my point about you being a desperate whinger.
Posted by otester over 6 years ago
@CaptainHulaHoo

£80 for fully unlimited 40/10.
Posted by Somerset over 6 years ago
Infinity Option 2 is unlimited but subject to network management when very heavy users will experience significantly reduced speed at peak times.
Posted by CARPETBURN over 6 years ago
quote"Infinity Option 2 is unlimited but subject to network management when very heavy users will experience significantly reduced speed at peak times. "
NO it is not and never has been, BT have no "unlimited" broadband products...
http://community.bt.com/t5/BB-in-Home/WHERE-IS-OUR-USAGE-MONITOR-BT/td-p/35371/page/5
Posted by CARPETBURN over 6 years ago
quote"Always got to make it personal and compare everything to BT..."
Actually New_Londoner wanted to compare things to the UK, so i did.
Posted by CaptainHulaHoop over 6 years ago
cb, as he said,and i said earlier unlimited download, but subject to network management for heavy users, over 300gb it says in your link. no extra charge, but speed restriction. which they clearly say
Posted by CARPETBURN over 6 years ago
^^^ Thats not UNLIMITED then is it, a restriction is a LIMIT, buy a damn dictionary.
Posted by CARPETBURN over 6 years ago
NO different to what this Aussie ISP has been doing only difference is the Aussie ISP CLEARLY ADVERTISES their monthly figures and throttle speeds...... BT do NOT. A court over there would make mincemeat of them.
Posted by otester over 6 years ago
^ Instead of unlimited, uncapped is probably a better word in reference to BT.
Posted by otester over 6 years ago
Actually just throw the word usage in, not referencing speed.
Posted by CARPETBURN over 6 years ago
The BT product pages dont even mention the limits on their so called "unlimited" products and dont mention what speed they throttle to, its obvious to anyone thats less honest than the ISP involved in this case.
Posted by GMAN99 over 6 years ago
^ I believe that is something that BT are looking to address the wording around the FUP policy etc
Posted by CARPETBURN over 6 years ago
^^ And i will believe it when i see it, until then as i stated in prior posts they are even less up front than this aussie ISP thats been dragged to court and my original statement of...
"If only the gutless law and regulators in this country acted in a similar manner to certain ISPs."
Stans.
Posted by CARPETBURN over 6 years ago
^^ "Stands" even LOL
Posted by GMAN99 over 6 years ago
CB, I'm in full agreement with the way their terms are written (FUP with no details etc...) they need to be very very clear and at the moment its very very lacking.
Posted by TerFar over 6 years ago
Supersonic ADSL: that's nowt.

Supersonic is only 340 m/s (at sea level. My ADSL travels at 299,792,458 m/s.

That's 881 thousand times faster.
Posted by dejavu59 over 6 years ago
Re this topic

@ TaRkADaHl...GMAN99.....TheGuv...& others

Can't say I'm an expert on all things Braodband, however I have do have a certain sympathy with Carpetburn as regards BT.

As example, I bought a twin digital phone handset system as it said on the box...you can send SMS messages using these handsets. Oh no you can't not on my phone line anyway.
Posted by dejavu59 over 6 years ago
contd...

I've had these sets almost 2 years and after 7 months of calling BT support...AKA joke... and their "offshore" call centres, where I cannot understand their accents at all...and that is something coming from a Jock from Central Scotland...no one, anywhere at BT can ID the issue why I cannot SMS from these phones.

At the outset I asked for an Engineer to test the phones in the house or check the connections at the exchange. No help whatsoever.
Posted by dejavu59 over 6 years ago
Yeah, maybe I should have binned the phones within the year & got my money back, but why the hell should I ? I entrusted BT to give me 100% customer support and to solve the issue but they didn't want to know.

So on the broadband issues, I can well identify with CB and everything said.

http://www.samknows.com/broadband/exchange/ESIKG

So you guys quit the personal stuff and get back to making these forums informative and helpful like they should be. Please.
Posted by dejavu59 over 6 years ago
Footnote

http://www.samknows.com/broadband/exchange/ESIKG

No chance of cable here at the max from the Exchange. FTTC/FTTH ? roflmao :)
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