Ofcom gets tougher over net neutrality policy

Ofcom warned internet service providers (ISPs) today that it would take action against any company that unfairly blocks or slows down customers' access to competing online services.

The communications regulator has laid out rules it said providers should follow to ensure net neutrality. These include giving customers clear information about the average speeds they can get as well the ISP's traffic management policy.

This latter information must also include any impact the policy has on services such as reduced download speeds during peak times. In addition ISPs must let customers know if it blocks any specific online services.

Although the largest ISPs in the UK did sign up to a voluntary code of practice detailing their traffic management policies in March this year, Ofcom wants them to go further.

If improvements are not made, it warned it would consider using powers granted to it under the revised European framework implemented into UK law in May this year. These powers allow it to require ISPs to introduce a minimum level of consumer information in order to ensure net neutrality.

Ofcom chief executive Ed Richards said: "How ISPs control access to the internet affects us all and it is important that we are able to understand how our access might be restricted. Ofcom is now looking to the ISPs to ensure that transparent information is available, and will consider intervening if it does not see improvements".

The regulators announcement has been welcomed by the Communications Consumer Panel whose chairman Bob Warner said: "We welcome Ofcom's statement on improving information about internet traffic management.

"It's a positive move to empower consumers, and we support the move to consider using regulatory powers to compel internet service providers (ISPs) if they fail to provide a minimum level of consumer information.

"The Consumer Panel has argued that ISPs must first make consumers aware of what internet traffic management is and how it potentially affects them. Without this it will be difficult for consumers to make informed choices about the broadband service that suits them.

"How we manage broadband congestion is still at an early stage, but it will be vital for Ofcom to continue to monitor the potential for harm to consumers and take early action to ensure consumers benefit from effective transparency."

The Internet Service Providers' Association welcomed the fact Ofcom noted traffic management policies can bring benefits but noted " Ofcom would like to see a more creative approach to the delivery of information in a clear and understandable manner and feel that the self-regulatory process will be able to meet this challenge."