Posted: 06th Nov, 2009 By: MarkJ

Regulator Ofcom UK has closed its General Condition 22 (GC22) enforcement programme for broadband migrations. The scheme was setup to make sure that ISPs followed the rules by allowing their customers to change provider without penalty. Since its introduction in February 2007 the number of related complaints has dropped (from 825 in March 2007 to 147 in September 2009) and thus an enforcement programme is apparently no longer necessary.
The
General Condition 22 (GC22) rule mandates that all applicable UK broadband ISPs (cable services and fully unbundled ISPs are excluded) must supply a
Migration Authorisation Code (MAC) within 5 working days of request and free of charge. This means that customers cannot be held to ransom (prevented from leaving) by their ISP for any reason. MAC’s are separate from any disputes, financial or otherwise, that you may have with your ISP.
During the course of Ofcom's enforcement programme several UK ISPs, including Pipex and Prodigy Internet, were shamed for failing to provide their customers with MACs. Prodigy was also fined £30,000 for its continued failings and eventually closed earlier this year following an unrelated financial dispute with supplier BT (
here).
Ofcom Statement:
"Over the past 12 months, the total number of MAC-related complaints received by Ofcom has more than halved. The reduction in complaints, alongside the evidence gathered through our enforcement activity and analysis, indicates that compliance has improved considerably across the industry and that most consumers are able to move easily and quickly to a new broadband provider of their choice.
Given this marked and consistent improvement across the industry, we have decided to close the enforcement programme. However, Ofcom will continue to actively monitor the MAC-related complaint levels."
Ofcom promises to remain engaged and has warned broadband ISPs not to take advantage of the situation. The GC22 rules still apply and the regulator will "
not hesitate to open individual investigations" where there is an increase in complaints. We suspect that Ofcom only hears a small fraction of the complaints because many people are unaware of GC22 and confusing messages about not being able to handle individual complaints don’t help.
Sadly the migration system itself remains flawed because of only limited support for broadband ISPs that use fully unbundled ( MPF LLU ) lines. It's easy enough to migrate to an MPF ISP but the problems usually start when you want to leave, which can result in downtime and additional connection charges at the gaining ISP.