Ofcom - response to Delivering the Broadband Universal Service (USO) consultation

Summary

• Which? supports the action being taken to provide universal access to broadband services in the UK. The detail set out in Ofcom’s consultation is an important step forward to delivering this and we welcome the opportunity to comment on how the universal Service Obligation (USO) will work in practice.
• A successful USO will require a transparent and straightforward process for consumers; provisions to ensure the right quality of service is provided to consumers; and clear accountability for the Universal Service Providers (USPs), with penalties where they don’t meet the required standards. Our response outlines a number of areas where we believe proposals should be improved to ensure these requirements are delivered.
• Establishing eligibility to receive a USO connection must be as straightforward as possible for the consumer. USPs must be required to ensure consumers understand if they are eligible for the service. Ofcom should introduce a requirement for USPs to test their marketing material to ensure it will be effective in raising awareness of the USO to those who could benefit.
• When a premises is not eligible for a USO connection as a result of a publicly funded programme due to be delivered within the year, the status of that ineligibility must be periodically reassessed by the USP in case the publicly funded programme is changed or delayed. The onus should not be on the consumer to check that any publicly funded scheme is progressing to schedule.
• Assessment against the £3,400 cost threshold is a key eligibility criteria for potential USO recipients. As such we believe calculating the cost using a forecast level of 80% is a fairer approach for consumers. Consumers must be reassured, through for example spot-check audits by the regulator, that the costs quoted when they fall above the threshold are reasonable. Consumers must also be made aware of the full range of options available when their costs exceed the threshold, including options outside of the USO.
• Ofcom should reconsider whether a voluntary broadband social tariff goes far enough to protect the most financially vulnerable in society. If the decision is taken to proceed on a voluntary basis Ofcom must keep this under close review to ensure that all consumers have access to an affordable broadband connection.
• We welcome the requirement on USPs to publicly report on a range of performance metrics, however, testing of the quality of the connection delivered must be included within this. Across all the performance measures and delivery requirements, Ofcommust set out the penalties it will impose if a USP fails to meet the required standards. This must include provisions for consumers to be awarded compensation where they have been directly impacted.