[Chapter-delegates] Enforcing access "speed" on ISPs

[Paul Brooks]

On 7/03/2011 10:45 AM, Marcin Cieslak wrote:
> Hello,
>
> Polish Ministry of Infrastructure (which is sometimes dealing
> with telecommunications, independently of the telecom operator body)
> wants to implement some kind of tougher enforcement of the connection parameters of
> the Internet connection offered
> by the ISP.
>
> They plan to introduce a rule that the "minimal connection speed
> should not be lower than 90% of the contractual or advertized
> connection speed".
>
> This poses numerous problems, including things like, definition
> of "connection speed", from where to where it is measured,
> ignoring isses like latency or etc.
>
> On the other hand there is a general opinion that mobile
> operators usually overstate capabilities of their
> networks (HSDPA access "up to 7.2Mbit/s" and so on).
>
> There was one opinion expressed, that "similar scheme
> works in Finland".
>
> Does anyone know any attempts to regulate access speeds
> this way in Finland or somewhere else, what kind of metrics
> do they build on, and how does this look in practice?

Marcin - in Australia we have had a few attempts to look at this issue, in the context
of misleading advertising. The competition and consumer regulator, who looks after
aspects such as fair and truthful advertising and products being fit-for-purpose for
consumers, has some strong recommendations for ISPs to advertise typically attainable
speeds rather than theoretical maximum speeds, and has the power to take providers to
court if they believe the ISP is advertising misleading high Internet speeds.

Of course, it is possible for an ISP to advertise and achieve high 'connection
speeds', measured as the synchronisation line rate of an ADSL connection for example,
and still deliver poor throughput - and claim that the poor throughput is due to
factors upstream of their network, and outside their control. Occasionally these
claims are even legitimate.

It will be important for you to educate your authorities that 'connection speed' is
not the same thing as 'achieved throughput' or 'perceived performance'.

Have a look at our ACCC's information sheet for consumers on Broadband connection
speeds, at http://www.accc.gov.au/content/index.phtml/itemId/815760. It also includes
some fairly clear warnings to ISPs in what they should include in their advertising.

As a result of this, our mobile networks often advertise their broadband speeds as 'up
to 7.2Mbps, and users typically achieve between 500kbps to 2 Mbps' or something like this.
AS an example, see Bigpond mobile broadband
<http://go.bigpond.com/wireless/?2473PSEM&s_kwcid=TC%7C4297%7CNextG%20network%7C%7CS%7Cb%7C6938392506> 
where you can see near the bottom of the page some examples of devices advertised to
achieve
"with typical download speeds from 550kbps up to 8Mbps in all capitals and many
regional areas.^1"

with footnotes identifying:

"8. Typical speeds in all capital city CBDs and selected metropolitan, regional and
rural areas are from 1.1Mbps to 20Mbps and in other areas speed ranges will be less.
Capital CBDs mean within 5 kms of the GPO of a capital city. Speeds vary due to
factors such as distance from base station, local conditions, user numbers, hardware
and software configuration."

Hope this helps.
Paul.

-- 
Paul Brooks
Board member
ISOC-AU - Internet Society of Australia

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