Simple clear advice in plain English

Unlimited broadband offers 'hidden agenda'

Fair use policies really are the limit according to price comparison site uSwitch

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Internet service providers (ISPs) are advertising unlimited broadband services which are anything but, according to uSwitch.

The price comparison site said many of these so-called unlimited services come with what is called a fair use policy (FUP). Because these FUPs effectively place a limit on how much consumers can download, ISPs should therefore be banned from advertising these services as 'unlimited'.

The call comes after a study of nine major ISPs carried out by uSwitch showed that restrictions that an ISP could impose on its customers under one of these policies comes as total surprise to most consumers.

Telecoms regulator Ofcom found that seven in 10 people believe they have no download limits.

Because they are unaware of these restrictions, consumers are happily consuming bandwidth by using new internet services such as movie downloads and broadband TV; the result is people are being disconnected or having their service severely restricted because they are unaware they have 'overstepped the mark'.

uSwitch said one problem with these FUP is that apart from being misleading, ISPs do not quantify what they consider excessive usage or specify the limit that would lead to disconnection or restriction of a service.

The website said it was an industry-wide problem and it had found each of the nine major ISPs it surveyed would be prepared to do this to customers who used their service ‘to excess’ worryingly often and without warning.

“If these policies are to be classed as 'fair', broadband companies need to clearly define these limits and explain to customers what will happen when they are exceeded," said Steve Weller, head of communication services at uSwitch.

He warned that the situation for consumers will only get worse as services such as broadband TV, video, TV programme downloads and other new services come online. For example a 45 minute TV programme such as Lost, would use up around 350Mb while a two-hour movie would use up to 900Mb.

It could mean as many as nine million broadband users could fall foul of FUPs.

AOL, identified in the study along with Be, Orange, Pipex, Sky and Virgin Media as ISPs offering an unlimited service, with a FUP that could see an excessive user kicked off these services, said the "vast majority of broadband users are unaffected by FUPs". It also said it took action against excessive users to safeguard the service for less heavy users.

Tiscali, which along with BT and Toucan also said FUPs were the fairest way for most consumers. But it pointed out it would manage excessive use at peak times rather than disconnect people and its FUP was "becoming industry standard across all of the major ISPs."

But uSwitch does not agree. It has therefore asked both the Advertising Standards Authority and Ofcom to consider banning ISPs from advertising unlimited broadband if a FUP is also in place. It has also called for standardisation of FUPs across the industry and for compulsory alerts to be given to consumers before an ISP considers disconnection.

Because of the number of different broadband deals available, the price comparison site has also launched a ‘Usage Barometer’ on its website. The aim is to help broadband users understand the level of download limit or ‘cap’ that they require.

They can identify how they spend their time online via a series of sliding bars. They will then be told whether they are a ‘light’, ‘mid’ or ‘heavy’ user and will be advised of the download level they will require for their broadband service.

Reader Comments

fair use AOL style

aol has just put a cap on me for 30 days. they say i'm downloading too much but what is too much? they can't say but i still have to pay full price. so much for unlimited. is this fair or is it false advertising?

Posted by p meaney, 13 Mar 2007

what a "Con"

It's like paying for an 'Eat All You Can Buffet' and being told you can only have one sandwich and a chicken leg (but we'd prefer it if you only had one of them!) Glad I'm with AOL. (Got booted off Wanadoo when they brought 40GB FUP limit in!)

Posted by Nylon, 13 Mar 2007

Why let it bother you?

ISPs don't want to lose custom. They won't (and generally don't) enforce their FUPs unless a customer is particularly thoughtless and insists on using their service to the maximum irrespective of problems that they are causing other users. Automatic "caps" are usually set high enough to only affect those users and, where there is no automatic restriction, warnings are often sent to the offending user before their service is restricted. A ban on FUPs will automatically stop *all* connections being advertised as "unlimited", even where (to all intents and purposes) it is. No ISP will *ever* allow truly "unlimited" connections - there ain't no such animal in the world.

Posted by mick, 13 Mar 2007

do your duty

http://petitions.pm.gov.uk/Unlimited-ADSL/

Posted by john, 19 Mar 2007

not fair

i'm with pipex unlimited and have been put on to a pipe for heavy users as i used 1,1 gb in a week. between 6 and 11 i can download as much as i want before or after that time, but there the times i want to play my xbox 360 online and can't do it when my connection speed goes to 28.8 kbps

Posted by beth, 17 Mar 2007

Demon- Pipex

I have just left Demon internet as i was capped after using 61.25gig in a 30 day period, they say there fair use policy is up to 50 gig for home users and 60 gig for home office users,i was on the latter. They say the cap is done automaticaly and even though i was just 1.25gig over the FUP limit it didnt matter. I am switching to Pipex they have emailed to to say there FUP is 80 gig for unlimited users, and that they will first write/email you to say you are a high user and to ask you to restrict your usage before they have to take action and do it for you. Hope this is true I do agree with the FUP but as there is little way of knowing how much you use especially if you have 4 pc's connected to the same home network. Maybe its time we as a customer could see the usage meter would we accept not being able to see out gas and electric meter just told what we had used and billed or restricted. With more and more content being added on the internet (streaming movies,internet tv) and higher download speeds usage will go up. Why harp on about how fast the connection is when it just means you will use up your allowance up faster.

Posted by Mark, 23 Mar 2007

hi

just read your comment about switching to pipex. they're lying to 1 of us. i am with pipex on their max service which is supposed to be unlimited, which in one way it is as i can supposedly download as much as i want. just not at the times i most use my broadband, which is all weekend and 6 to 11pm at night. i have had my bandwidth trafficed managed for downloading 1.1 gb in a week between 6 and 11 which is when i play my xbox 360 on live. i dont use p2p just x box live, the occasional browsing and sending a few e mails to friends and family.

Posted by beth, 24 Mar 2007

Tiscali, Monitoring

I am with Tiscali and received an email from them concerning my usage.I had been doing some file sharing. The next day I went away to work for 28 days, during that period I use a Norwegian ISP. I received an email after 26 days giving me a final warning regarding my usage. Considering I had not used the internet for that period I find it very strange. My router at home was off so it could not be someone else using it and it is encrypted. I think Tiscali are trying to move users onto other bandwidths. Chris

Posted by Chris Edmonds, 08 Apr 2007

Actual Numbers from Fair Use Policies

After many weeks and phone calls I have the actual figures from 2 major ISPs as regards waht really constitutes the FUP. Orange replied via e-mail eventually as follows From: Customer Service [mailto:customer-service@uk.orange.com] Sent: 17 May 2007 19:06 To: Mike Brannigan Subject: Re: RE: RE: RE: Email from Help (KMM11092258V82548L0KM) Dear Mike, Thank you for your email. The fair usage policy limit is 50gb per month on an average of 3 months usage. If you have any further queries then please do not hesitate to get in contact with us again. Kind Regards Alan Broadband Support REF:WOOBB BT Broadband spoke to me -- May 22 2007 at 09:40 Stacey Willis Manager of the Consumer Fair Use Policy Team discussed the matter at length with me and eventually stated. The fair use policy for large file downloads and uploads is a total of 70GB ,80GB or 90GB depending on your exchange and other broadband users on that exchange; when totalled over a one calendar month period. In the event of you exceeding this, your bandwidth will be lowered to 1Mbit during the peak hours of 5pm to midnight. If you are detected using peer to peer software to download or upload files then the limit is 50GB total per calendar month Neither of these providers carries this information anywhere that can be accessed publically and getting it involves several e-mails or phone calls.

Posted by Mike Brannigan, 22 May 2007

   

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