OFCOM consultation on automatic compensation

OFCOM is considering a system of automatic compensation for telephone and broadband installation and faults delays.

Our response to their consultation (here) addresses the proposals.

The basic proposals cover the key things that engineers seem to mess up, i.e. where it is Openreach not doing things right somehow. But they do go a bit beyond that. The proposals are relatively simple in concept but there are a lot of issues as I have explained in other blog posts. It is not a totally daft idea, but it has to be changed to ensure compensation costs those that have the responsibility for the problem and the power to fix the problem. As it is now it can leave other parties (like A&A) liable to pay when we have no means to change things and are not at fault.

We've tried to cover the issues in some detail in the response.


  1. I hope I'm wrong but I doubt that Ofcom will take a blind bit of notice of your valid arguments. I'm sure their puppet-masters in government would love to see the demise of every smaller ISP, especially AAISP. That way facilitates their path to total surveillance because they know the large ISPs will eagerly cooperate with any surveillance measures they may be asked to put in place. Ofcom will stick blindly by its 'less than 5% argument' as justification that competition is not being diminished.

    We all know that the individuals who run useless Ofcom are far from independent and if the government indicates privately to them that they want this unfair penalty retained (as a way of getting rid of those pesky small independent ISPs like AAISP), they will roll over. Call me a conspiracy theorist if you like but I did say that the government would ignore all your submissions when the IPA Act was first published and they did.

  2. I, as an existing AAISP user order broadband from a different provider. You then contact me confirm it is my intention to leave. I say no and you block the order. Does the other ISP now have to pay compensation because they failed to deliver?

    1. I think action or inaction of customer is a factor, but what is our customer places slamming order one someone else's line? Our customer won't have stopped it. Hmmm

    2. In terms of jelv's point:

      "CX.13 A Regulated Provider is not required to pay Compensation to a Relevant Customer if:
      a) the event giving rise to the obligation to pay Compensation was caused by the act or omission of the Relevant Customer ..."

    3. Yes, but as I say, what if it is not the relevant customer that blocks the migrate :-) Not just slamming, but also what if you migrate broadband, but the PSTN is provided to someone else and they cease the PSTN causing the broadband migrate not to happen on the agreed date.

    4. I didn't fully understand your scenario, hence limiting my response to "jelv's point" :)

      I'm still not sure I do, but you dealt with a similar situation at the top of page 6 of your response.

    5. Indeed, and also the idea that either party can cancel an order, which makes sense.


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