The FUP Cover-Up

Whilst I’m waiting for either Demon to reply to my letter, or for Wednesday to come around, I thought I’d have a look at the Fair Usage Policy of their competitors, to see if they are any more legally enforceable. Let’s start with BT Total Broadband.

Guideline noun (often guidelines) an indication of what future action is required or recommended.

Options 1 and 2 of the Total Broadband package are clearly indicated: Option 1 has a limit of 5Gb whilst Option 2 limits downloads to 8Gb. However, when we get to Option 3, the so-called “Unlimited” option, things start to get very woolly indeed. Please note that BT does not seem to differentiate between upload and download on their limits, so beware. Here is the actual text:

7. What is the Fair Usage Policy on Option 3 Unlimited?
BT Total Broadband's Fair Usage Policy is designed to make sure that the very few excessive users on the Option 3 Unlimited product do not use their service at the detriment of other customers.

BT will monitor network performance and may restrict the amount of bandwidth available to very heavy users during peak time to ensure that the majority of the customer base has a good customer experience. There will be no restriction imposed outside of these peak times.

If you don't use Peer-to-Peer or file sharing software or if you don't download very large files continuously at peak times, then it is very unlikely you will be affected by this policy.

So, from the above, can you tell when you are outside the FUP? If you use Pando or BitTorrent are you immediately penalised? If you spend a lot of time listening to radio programmes at peak times, is that a breach. This is a typically imprecise term, the user has no idea what the limits are until you get the letter that tells you that you have exceeded it.

In my opinion (and please note I am not a lawyer) this system suffers the same inadequacies as Demon’s FUP. The only compensation is that at least you get some warning that corrective action is needed before the problems start, but that is only a slight benefit.

For my second example, let’s look at Sky. What is it with Internet companies that have to hide the Fair Use Policy, like the mad aunt in the attic? Oh yes, I know why, because it’s unenforceable.

Here is some of Sky’s FUP – try finding it.

Our FUP normally has little or no effect on the average broadband user. For example, if you do not excessively use file sharing software (including peer-to-peer) and uploading and downloading of very large files.

However, if your use of Sky Broadband becomes consistently excessive and has an adverse impact on the Sky Network and/or other users, out FUP enables us to intervene.

Our aim is to provide a fair broadband service to all our customers. Therefore, we think to impose an actual figure on what we consider to be “excessive” use is not necessarily helpful and may penalise users unfairly. What is deemed excessive will be determined by a number of factors, including (but not limited to) the length of time which your excessive usage continues for, as well as the amount of bandwidth used.

What a load of old hogwash. If one user has an “adverse impact on the Sky Network” then they need to fire their staff and start again, because the network design is seriously flawed.

The reason that Internet companies do not declare their capping is not because they “…think to impose an actual figure on what we consider to be “excessive” use is not necessarily helpful”, but because we, the public, will be able to make a comparison with other, more honest Internet providers who do declare their limits. That would then expose the FUP fraudsters for what they are. It’s interesting to see that Sky Broadband actually has two sets of terms and conditions, the one that you can read on screen, the other you have to download as a pdf.

So the upshot of these two examples is that the ISP's want their cake and eat it. They will charge you a premium to let you believe that you have an "unlimited" service, then attempt to cap it by using weasel words that make it sound so reasonable to not deliver what they sell.

Would anyone like to send me the FUP they are operating under? And how hard are they to find?

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