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Ofcom broadband speed regulations

Our Broadband Expert says...

Ofcom does have a code of practice on the advertising of broadband speeds - which came into effect in December 2008 - and while this code covers around 95% of home broadband customers, it is a voluntary code and broadband providers aren’t bound by any regulations to follow it.

However, Ofcom research at the end of March found that nearly three quarters of customers hadn’t been told that their actual speed was likely to be lower than their advertised maximum, which is often as much as 20Mb or 24Mb - prompting the regulator to threaten ISPs with tighter regulations if they don’t do a better job of telling customers about broadband speeds.

The Ofcom broadband speeds Code of Practice

One of the key elements to the Ofcom code of practice is the requirement that broadband providers provide clear information on the kind of download speeds that customers can expect in reality - rather than just providing customers with an almost unobtainable maximum headline rate.

According to Ofcom, ISPs should:

• Give customers an estimate of the maximum speed they can get
• Provide a line checker on their website that estimates the maximum speed a customer can expect, making sure this figure is clearly shown
• Not accept an order until a customer has been told their estimated speed
• Give customers speed information in writing, in a “my account” section on their website or remind customers to write the estimate down

Every ISP must also:

• Explain clearly and simply how other technical factors - such as distance from the exchange, network congestion and the ISP’s own traffic management policy, may slow down the speed that users get

Resolving speed problems

The code also sets out requirements relating to broadband speed problems. It states that ISPs should have trustworthy systems to find the cause of speed problems when customers report them, and log any faults.

Broadband providers should also give help and advice if customers can do something themselves to improve the situation, and - importantly - offer an alternative package, if they have one, without any penalties, if your actual speed is a lot lower than the original estimate.

Ofcom requires that every ISP must:

• Have trustworthy systems to find the cause of a speed problem
• Take steps to fix any issue that is down to them

Is the Code working?

Using mystery shoppers to test whether or not broadband providers are implementing the code, Ofcom found that 74% of callers were not told that their actual speed would be lower than their advertised maximum.

Although 85% of customers were provided with an estimate of the maximum speed they would receive, almost half of shoppers had to prompt providers for this information.

Ed Richards, Ofcom chief executive, said: “Consumers are now receiving more accurate information at the point of sale about their broadband service.

“But our mystery shopping research reveals there is still significant further progress to be made, particularly in relation to the checkers used to calculate line speeds.

“We will work with the internet service providers to ensure consumers receive the best quality information and amend the existing code accordingly. We will continue to monitor and assess performance against the code in the coming months.”

Take action on broadband speeds

If you're not happy with your service and weren’t informed about the kind of speeds you could expect when you signed up, there is something you can do.

Check that your broadband provider has signed up to the code - you can find a list of providers that have signed up to the broadband speed code here.

Make sure that you run a number of broadband speed tests - and a record of the dates and times you ran them - before contacting your broadband provider or making a complaint - having evidence of your slow speeds will make your argument stronger.

Although you’ve already spoken to your ISP, you should call them again, making clear your knowledge of the code of practice, and asking if there’s anything that they can do to improve your connection - installing an iPlate might improve your speeds for example.

If your provider refuses to take action - or says that there’s nothing it can do - you should make a formal complaint in writing. If this doesn’t resolve your issues, try your ISP’s Alternative Dispute Resolution (ADR) scheme.

The ADR scheme acts as an independent middleman between the company and the customer. If your ISP is in the wrong, the ADR scheme can order the company to fix the problem and, if appropriate, pay compensation.

If you are not happy with the outcome from the ADR scheme, then you can seek advice from one of Ofcom’s specialist advisers by calling 020 7981 3040 or 0300 123 3333.

Boosting broadband speeds

There are also a number of things that you can try yourself to improve your broadband speeds. Installing an iPlate on a copper wire ADSL connection can boost download speeds by an average of 1.5Mb, so this is a great place to start.

If you're using a wireless broadband router and speeds are painfully slow, it might be a good idea to switch back to an ethernet cable - and at the very least you should make sure that your wireless signal is secure and that no one else is piggybacking your connection and using up your bandwidth.

Even simple tricks like spring cleaning your PC can make your computer run faster, making it feel like your broadband is quicker too. And switching broadband provider - once you're out of your contract - is also a good idea. While this won’t change how far you are from your local exchange, some providers do offer faster, more reliable packages that really can improve your broadband speeds.

Download our free guide to speeding up your broadband for more tips to get you surfing even faster.

NB Best buy tables (orange background) are always current.

Examples in the text of the article (white background) are correct at time of publication.

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If you have a general switching or provider query please email us at OurExpert@broadbandchoices.co.uk

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