Preview of Ofcom’s New UK Code of Practice for Broadband ISP Speeds

ISPreview.co.uk has received some information from our industry sources about the direction of Ofcom’s planned revision to their voluntary code of practice for broadband ISP speeds. A consultation on this is expected to be launched within the next month and today we can offer a preview.

At present most of the major ISPs have already signed up to the regulator’s existing code (here), which among other things requires them to explain to new customers the access line speeds that they’re likely to achieve at home, and to try to resolve any problems when speeds fall significantly below the estimate (or offer the option to exit a contract penalty free). A similar code exists for business connections (here).

As part of this consumers’ should receive a personal estimate of download speed during the sign-up process (assuming your ISP is a member of the code), which reflects the 20th and 80th percentile speeds to be provided (i.e. an estimated range of possible performance for your line). An estimate of the minimum line speed (10th percentile) is also available upon request. See the example below from an FTTC line on Vodafone.

Earlier this year the regulator proposed to make a few tweaks to this code, such as by updating the personal speed estimates in order to reflect the impact of network contention. We now know more about what this will actually mean.

Under the enhanced approach we expect that consumers will receive an estimate for the maximum speed at off-peak times (80th percentile speed), as well as the “normally available speed” at busy times (80th-20th percentile speeds), the minimum speed at peak times (10th percentile speed) and of course the advertised speed. The guidance also looks as if it might apply to both download and upload speeds.

A Spokesperson for Ofcom told ISPreview.co.uk:

“We’ve said that we aim to improve broadband speed information by revising our voluntary codes of practice. We are discussing with industry ways to improve speed estimates and ensure effective redress when speeds fall below a minimum. We haven’t yet finalised our plans, but any proposals would be consulted on publicly.”

At this point the details are not yet set in stone but we understand that the changes may include a requirement for ISPs to carry out speedtests in order to create the “normally available speed” value, which would be very problematic for smaller providers or those that have only just entered the market. A question mark also hangs over the definition of how Ofcom will define peak and off-peak times.

In practice the peak (busy) times can vary between ISPs, particularly if one provider has more business (daytime dominated) than residential (evening + weekend dominated) traffic, which would mean that some providers may end up competing on an uneven playing field. Another question mark also looms over whether the code itself will become mandatory for all ISPs, although we understand that Ofcom currently favours the voluntary approach.

As state earlier, the official consultation on this is due to launch very soon. A draft proposal from Ofcom is currently being circulated among certain ISPs, although once proposed it could take up to a year before the changes are fully implemented and enforced.