The agency has also produced a consumer guide [
pdf, 252 KB] describing the highlights, including an explanation that ISP fair usage policies can result in restrictions on speeds and capacities.
Ofcom acknowledges network management by ISPs, but requires disclosure as part of its code:
39. Where ISPs apply traffic management and shaping policies, they should publish on their website, in a clear and easily accessible form, information on the restrictions applied. This should include the types of applications, services and protocols that are affected and specific information on peak traffic periods.
No prohibition on ISPs acting on the basis of applications, services and protocols: ISPs that sign up to the Ofcom code are required to disclose how they act on the data stream.
Most Canadian ISPs would qualify under these very loose guidelines. For example, I decided to visit the fair use pages of a few of the ISPs listed by Ofcom.
AOL’s disclosure allows them a lot of freedom in responding to network management concerns:
If a Member’s usage exceeds what AOL Broadband deems fair and reasonable for a residential broadband service, speed-limiting restrictions may be applied during peak hours (typically evenings) in the first instance. We’ll also be in contact with Members whose usage is deemed excessive with advice and recommendations of how to reduce usage.
If usage continues to be very high, we may reluctantly give a Member notice that their account will be terminated.
O2’s Fair Use Policy has maintained its own discretion in determining what usage is considered excessive:
There is no limit on the monthly network usage. However if we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your Services.
As the CRTC reviews network management practices for ISPs, will it develop similar consumer guides and codes?
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