Market Regulation Q10 - Ofcom recently launched a tougher voluntary v2 code of practice for broadband speeds. This aims to ensure that ISPs offer a more accurate assessment of the subscribers predicted connection performance. It also added a 'get out' clause to long contracts, allowing those who receive significantly less speed than expected to leave without penalty. What are your thoughts on this latest update?
Q11 - Ofcom has also begun a series of consultations on its new code of practice for tackling internet copyright infringement ("illegal" file sharing by ISP customers), which directly relates to the Digital Economy Act 2010 (DEA). The code essentially set out how ISPs should tackle Copyright Infringement Reports (CIR) and send notifications (Warning Letters) to those accused. However both the DEA and Ofcom's approach have been heavily criticised for failing to understand the problem, not correctly apportioning costs (25% shouldered by ISPs and the rest to Rights Holders), proposing an apparently weak appeals process and generally ignoring how ISPs, as "mere conduits" of information, actually work. What are your thoughts on this?
Q12 - Ofcom are also proposing to clamp down on ISP Fair Usage Policies (FUP) and Traffic Management measures, under the guise of a 'Net Neutrality' consultation. It is expected that this will focus on providers who advertise "unlimited" services and yet hide vague restrictions in the small print, with Ofcom likely to require greater FUP clarity. Likewise the Advertising Standards Authority (ASA) has also launched a review into the use and abuse of misleading broadband speed and "unlimited" claims. What are your thoughts on the issue of how broadband services are advertised, with specific reference to speeds and usage allowances; how should the problem (if you see one) be resolved?
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