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Old 06-04-2009, 14:46   #363
Ignitionnet
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Re: Legal action taken against Virgin Media throttling practices

Quote:
Originally Posted by BenMcr View Post
I refer you back to my previous answer to this - that 34-38 form a different section to 39 within the Policy

So for Virgin Media you would read from 33 straight to 39

---------- Post added at 13:55 ---------- Previous post was at 13:47 ----------

But it was bugging me. Virgin Media would have been involved in drawing up the code with OFCOM in the first place - so I'm pretty sure they would know which bits do and don't apply
What makes you think that Virgin would have been involved in drawing up this code over other suppliers?

VM and their component companies have regularly shown contempt to regulators so I don't see why that'd miraculously change. Even if they are in violation I'm sure they'll PR and politic their way out of it anyway. As it's a voluntary code it's not like they even have to follow it to the letter.

Your previous response is your interpretation of the rules which may or may not be correct. In any event:

Quote:
36. Where it is reasonably possible to do so, ISPs should provide a means by which users can measure their usage over the relevant billing period.
Virgin claim it's not reasonably possible, Ofcom being a bunch of politicians won't know better, that's that one dealt with.

Quote:
37. ISPs in possession of a user’s email address should provide users with email notification when users exceed a usage limit or breach a fair usage policy which informs users about the precise consequences of doing so, e.g. additional costs, information on speed restrictions imposed etc.
'Should' not 'must' - that's that dealt with.

Quote:
38. The ISPs should also consider providing advance notification to subscribers approaching a usage limit.
Yep 'consider' and decide not to, that's that dealt with.

So that part is a waste of time anyway, while VM may be in violation of the spirit they can point to the wording and say they are complying fully.
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