Broadband
Connection Voucher Scheme to run until March 2015
Following on from a market test in five cities and a consultation, the Government announced that the Connections Voucher Scheme is expected to be operational from December 2013 to end of March 2015. The full document which also outlines the Government’s view on the consultation process can be found here.
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DCMS publishes research on wayleave regimes
The Department for Culture, Media and Sport published a research report by Nordicity which modelled three alternative wayleave regimes (1. Proposal by the Law Commission, 2, Energy wayleave regime, Water wayleave regime). The research indicates that the alternative approaches are likely lead to some cost reductions for providers but are unlikely to lead to significant reductions in consumers prices for broadband. More details can be found in the report.
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Debate on rural broadband
The Conservative MP, Julian Sturdy, led a debate on rural broadband with a particular emphasis on Yorkshire. He started the debate with an emphasis on how important the broadband programme is, listing a range of positive statistics and indicators. Sturdy qualified the successes by recognising some problems experienced during the roll-out, namely public criticisms concerning the apparent monopoly on roll-out contracts and about perceived shortcomings in the contracts.
Communications Minister, Ed Vaizey MP, responded on behalf of the Government and:
Indicated that an announcement would be made soon about future funding for broadband rollout.
Highlighted that in cases where broadband take-up is higher than the contract target, the Government will claw back money from BT to be used for extending coverage further.
Paid tribute to BT and its engineers, thanking them for the excellent work in keeping their targets over the Christmas period during such extreme weather conditions.
Confirmed that North Yorkshire was one of the largest rural broadband projects in the country and highlighted that many local authorities had set themselves higher targets than initial planned (e.g. Cambridgeshire 98%; Lancashire 97%; Rutland 94%; Wales 96%).
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Ofcom
Update on implementation of switching proposals
Following on from its decision in August 2013 to harmonise switching processes for many broadband products to a Gaining Provider Led (GPL) model, Ofcom has published an update on the implementation process. The new GPL model will be based on the existing Notification of Transfer (NoT) process and the implementation document sets out five enhancements to this process (now called Not+) following on from a consultation last year. Ofcom will implement these enhancements in substantially the same way as it consulted on them, but the document also outlines a couple of changes, including:
The Losing Provider (LP) will no longer be required to indicate the time of migration in its Notification of Transfer letter and will only be required to list the services that it provides, rather than all services that may or may not be affected by the switch.
Changes to the process for simultaneous transfer of voice and broadband.
Ofcom intends to implement its switching process in two stages whereby the first stage focuses on delivering a a harmonised GPL solution for switches over the Openreach copper network. Ofcom will hold its first industry working group meeting on 22 January. Please email consumer.switching@ofcom.org.uk by Friday 17 January 2014 to register your interest in attending this meeting.
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Consultation on Openreach quality of service and approach to setting LLU and WLR Charge Controls
As part of its fixed access market review, Ofcom published a consultation on proposals for minimum service quality standards, service level cost differentials and fault rates. The consultation specifically seeks views on:
Minimum standards for provisioning and fault repair for LLU and WLR services.
Differential in costs associated with delivering LLU and WLR services to Service Level 1 and Service Level 2.
The treatment of fault rates in the charge controls.
A number of other changes and updates to Ofcom’s proposals for charge controls on LLU and WLR services.
With regards to minimum standards to for provisioning and fault repair for LLU and WLR services, Ofcom is proposing that Openreach will in future be required to:
Complete around 80% of fault repairs within one to two working days of notification, irrespective of factors such as severe weather conditions.
Provide an appointment for around 80% of new line installations within 12 working days of being notified, irrespective of factors such as severe weather conditions.
Ensure it adheres to these new standards across the country, by meeting the requirements in each of ten geographic divisions of the UK.
Provide data on repairs and installations that are not completed within this timeframe – this data will be available to the public allow Ofcom to monitor performance.
The full consultation document can be found here and the consultation closes on 13 February 2013.
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Draft Annual Plan
Ofcom published its Annual Plan for 2014/15 in draft and for consultation. Ofcom intends to focus on the following six priorities:
Promotion of effective competition and informed choice – ensuring competition and investment with a focus on switching .
Securing optimal use of spectrum – encouraging spectrum sharing and preparation of new spectrum auctions.
Promotion of opportunities for consumer and citizen participation – evaluation of affordability of communications services.
Protecting consumers from harm – work on nuisances calls and unexpectedly high bills, as well as, preparing to reform non-geographic telephone numbers to clarify phone charges and bring about free 080 calls from mobiles.
Maintaining audience confidence in broadcast content – online safety and parental controls, as well as, work towards a consistent approach towards media regulation, including online content.
Contributing and implementing public policy defined by Parliament – e.g. work on the EU Telecoms Proposals.
The consultation closes on 14 February 2014.
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Review of Regulatory Financial Reporting
Following on from a previous consultation, Ofcom has published a Review of Regulatory Financial Reporting requirements for BT. The Review document indicates that Ofcom would like to play a greater role in determining how BT should prepare its Regulatory Financial Statements, starting with the introduction of a new set of Regulatory Accounting Principles and new guidance on how the Regulatory Financial Statements should be prepared.
More details can be found in the Review document and comments can be submitted until 14 February 2014.
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Call for input on revision to Ofcom guidance on network and service security
Ofcom seeks to revise its 2011 guidance on network and service security (principally with regard to Article 13a and 13b of the EU Framework Directive) and published a call for input which sets out the areas where it intends to implement changes. Full details can be found in the call for input document and the comments can be submitted until 21 February 2014.
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Latest figures for customer complaints for large consumer ISPs
Ofcom published the latest customer service satisfaction figures for large consumer ISPs, landline and mobile service providers, and pay TV. The figures indicate that connection speed was the main reason for consumers to contact customer service followed by consumers wanting to change their package. The report also indicates that overall satisfaction levels rose from 62% in 2012 to 66% in 2013.
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Unsuccessful appeal against leased line charge controls
An appeal against Ofcom charge controls for leased lines that had been brought by Vodafone and Verizon was rejected be the Competition Commission. More details can be found here.
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Online content regulation
Contempt of Court
Labour MP Robert Flello asked the Government what action it was taking to increase the awareness of contempt of court rules among social media users and whether it would implement the recently published Law Commission proposals for a reform of contempt of court rules for online publications.
The Attorney-General , Dominic Grieve MP, explained that relevant notices would be publicised on the Attorney-General’s website and twitter feed but he did not explicitly endorse the Law Commission’s proposals and merely stated that they were “an extremely important contribution to how we might be able to improve matters.”
The Law Commission’s proposals would change the liability regime and introduce a new notice and take-down procedure for material that poses a risk of prejudicing jury’s in court trials.
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New Defamation notice and take-down procedure comes into effect
The new Defamation Act fully came into effect on 1 January 2013. Under the law operators of websites that host user generated content can be notified about allegedly libellous material on their website and will not be held liable for this material if the follow the procedure that has been set out in section 5 of the Act. The use of the procedure is not mandatory and other defences (e.g. under the e-Commerce Regulations) are still available. Please contact admin@ispa.org.uk if you have any questions.
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Culture Secretary praises voluntary efforts to implement copyright infringement letters
During a general Culture, Media and Sport Select Committee evidence session, Culture Secretary, Maria Miller MP indicated that the Digital Economy Act and the idea of sending warning letters to alleged infringers was difficult to implement but that the industry has been working on a way of trying to implement an industry-led approach.
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Filtering within Government Departments
The Labour MP Valerie Vaz asked a number of Government departments to outline their in-house filtering policy. The Department for Transport and the Home Office provided an answer and revealed that they block content across a wide range of categories. Both Departments use a filtering company (McAffee in the case of the Home Office) but the Home Office also blocks individual pages notified by CESG GovCert and by business users. The Home Office filters child abuse images under two categories (“Illegal UK” and “Extreme”).
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Childline reports increase in cyber-bullying
ChildLine reported an increase in the number of children with concerns about suicidal feelings, online bullying and self-harm.
There was an 87% rise in calls to ChildLine about online bullying compared to last year, with it featuring prominently for the 12-15 and 16-18 age groups.
For the first time, more counselling took place online than over the phone (59% online and 41% telephone). Overall boys prefer to be counselled by phone, whereas girls prefer to be counselled online.