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Fluidata ISP Boss Slams BT and Virgin Media for Misleading UK Fibre Optic Ads

Posted: 18th Aug, 2010 By: MarkJ
fibre optic uk broadband cableThe Managing Director (MD) of UK business ISP Fluidata, Piers Daniell, has questioned the legality and "apparent lack of education" concerning how some internet providers - BT and Virgin Media in particular - appear to misleadingly advertise "fibre optic" broadband when in fact the service itself might not actually be delivering that at all.

Piers Daniell commented

"Call me old fashioned but I believe in a world where what you sell is what you get and that calling something you are selling one thing but delivering another is surely illegal? So why do the majority of consumer internet providers, namely Virgin and BT, believe it is ok to tell consumers they are buying fibre technology when, in fact they aren’t."

It's sadly all too easy to see where Piers is coming from. Take, for example, the new up to 40Mbps (2-10Mbps uploads) BT based Fibre-to-the-Cabinet technology. FTTC delivers a fast fibre optic cable to BT's street level cabinets, but the remaining connection (between cabinets and homes) is done using VDSL2 (similar to current ADSL broadband but faster over short distances) via existing copper cable.

Likewise Virgin Media does have fibre optic cable in its network, but it also uses a more traditional mix of copper and coax/coaxial cable for a not significant portion of that. Piers argues that promoting such services as fibre optic products can be very misleading for consumers, not least because a true fibre optic connection can offer the same speed in both directions (e.g. 100Mbps download and upload).

Piers Daniell continued

"Surely they can’t then tell you that you are getting the ‘power of fibre’ or so on? Yes it is faster but only because they have shorten the distance of the copper, but the delivery is no different to that of ADSL where the cable is just longer going back to the telephone exchange. From here the network is, and for a very long time, have been fibre supporting high levels of bandwidth."

In fairness, Virgin Media uses a mixed variety of the latest DOCSIS cable standard(s), which is not directly comparable to ADSL like VDSL2 would be with the BT FTTC product. However the general point he makes is still quite fair.

Daniell also questions why the market regulator, Ofcom UK, has not got involved, especially given their apparent "hatred of miss selling in the industry". We suspect that the sometimes almost invisible nature of differing degrees of network infrastructure and related marketing like this would not be high on Ofcom's list.

Readers may recall that the UK Advertising Standards Authority (ASA), with its well established inability to properly punish companies that ignore related rules, did in February 2009 uphold a similar complaint against several national press and direct mailing adverts for Virgin Media (here) .

[Rival Sky Broadband challenged whether] the claim "fibre optic broadband is already here and paid for" in ad (b) was misleading, because they believed Virgin Media served only 50% of the UK with fibre optic broadband and would have to invest considerably to achieve nationwide fibre optic coverage as claimed in the ad.

ASA Verdict - Upheld

We noted Virgin's assertion that the claim "fibre optic broadband is already here and paid for" referred to the existence of their fibre optic broadband network, not the extent of its coverage. We noted however the claim appeared alongside a quote from the Metro newspaper that stated "'A national fibre optic network is at least 20 years away ... '" and was followed by text that stated "There is only one fibre optic network widely available in the UK".

We considered that readers were likely to infer that ad (b) referred to both the existence and extent of Virgin's fibre optic broadband network and implied Virgin offered a national fibre optic network that was already here and paid for. We understood however that their fibre optic network covered 50% of the UK and, while we noted their level of coverage was greater than that offered by other broadband providers, we considered this was unlikely to meet with consumers' expectations of what they understood by the term "widely available". We therefore concluded that the claim "fibre optic broadband is already here and paid for", in this context, could mislead.

Sadly the ASA's ruling was based more upon availability of the service than the structure of Virgin Media's infrastructure and whether or not it could justify advertising itself as "fibre optic". In fact the ASA did not even think to challenge this particular aspect, which suggests that little is likely to change in the future.

The term "Fibre Optic" is now apparently equal for all, regardless of whether the bulk of your connection is carried over a different form of cable or not.. it's all fibre. With that kind of loose definition we're surprised that mobile operators don't call themselves "mobile fibre optic broadband" providers because their primary network capacity is often provided by fibre optic lines too.
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