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Broadband fair use policies

neil hawkins

How many times have you been told 'life's not fair'? Well not here.

At Choose we're egalitarian folk and we like to see everyone get a fair deal, especially when it comes to their unlimited broadband's fair use policy (FUP).

Unfortunately, some providers are more fair than others.

What's fair use?

The basic principle behind all fair use polices is that when one user starts downloading massive amounts of data it slows down the other people sharing the network.

Therefore, broadband providers build a get out clause into their unlimited broadband contracts: use as much data as you like but don't be a bandwidth hog. Fair enough.

There are two problems, however.

First, there's no clear definition of a bandwidth hog. Every provider has their own take and many seem to make it up as they go along.

Second, throttling is traffic management's bluntest instrument. When providers do it badly users can find their connections severely slowed or, in extreme cases, cut off altogether even before they overstep the (often blurry) mark.

In short, we think it's worth heavy downloaders knowing which providers are the fairest of them all before they sign up.

Who's fair?

We've arranged the UK's biggest providers offering unlimited deals alphabetically below, along with a short explanation of their policy and whether we think it's a fair one.

Note that these are assessments for unlimited broadband deals only: where providers have both capped and unlimited deals we're only talking about the latter.

Note that we give providers thumbs up, or down, for fairness in our unlimited broadband comparison table.

All clear? Here's the list.

Be Broadband

We say: very fair

If this list was ranked, not alphabetically, Be broadband wouldn't move places.

This provider is exceptionally relaxed about downloads. There is a fair use policy in place for the very heaviest downloaders but it's a last resort and there aren't any specified peak times when traffic is managed either.

Be have a reputation for fairness among their (geeky) customers and its well and truly deserved.

BT broadband

We say: fair

BT claims to only limit the speeds of peer-to-peer software during peak hours: 4pm to midnight on weekdays and 9am to midnight at the weekend.

The provider no longer publishes a fair use policy and claims to have dropped the old 100GB/300GB soft limits for unlimited broadband users altogether.

They also specify that usage of the Vision+ box, BT Digital Vault and BT Broadband Talk will receive additional bandwidth so that they don't get in the way of normal browsing.

This is all very intriguing in light of recent research into traffic management which found that 74% of BT traffic was being slowed in some way.

However, the terms are fair and the customers seem happy so we've gone with a fair ranking.

Eclipse Internet

We say: very fair

Eclipse don't have a fair use policy as they either offer set download limits or truly unrestricted unlimited usage.

What they do have though is a policy on peer to peer file sharing.

P2P is throttled to 0.5Mbps during daytime hours, that's 9am to 11pm.

Eclipse say that anyone who wants to use P2P should do so between 11pm and 9am when they say it won't be restricted at all.

Sounds very fair to us.

O2 Broadband

We say: Fair

O2 share a network with Be and, like them, is one of the vaguest, but fairest, providers around.

After a brief experiment with usage caps of 100GB and 250GB for its All Rounder and The Works deals, O2 have switched back to advertising 'truly unlimited'.

A fair use policy is still in place but O2 do seem to stay true to the 'fair' part: no secret limits or reports of punitive measures here.

In addition, O2 manage the network to slow streaming and P2P traffic during peak times of 4pm to midnight on weekdays and 12pm to midnight at weekends.

Cheaper All Rounder is restricted most, to just 0.1Mb for P2P during peak, for example.

Orange broadband

We say: fair

Orange have been languishing in our 'unfair' list for as long as we can remember.

Earlier this year, though, they slapped a 'completely' sticker on their unlimited deals and said they were changing their ways. Early signs look good but we're keeping a close eye on this one.

Orange do manage traffic at peak times - that's from 6pm to 11.30pm on weekdays and 5pm to 11.30pm on weekends. During these periods they prioritise VoIP and gaming over other activities.

Primus broadband

We say: unfair-ish

Primus Max is the budget broadband provider's only unlimited deal.

Users are limited to 100GB a month and Primus operate a 'three strikes and you're out' policy to repeat offenders.

Go over the FUP after two warnings and the provider warns that they'll start, "reducing your capability to consume bandwidth at times of congestion and or peak hours, without any further notice to you."

Post Office broadband

We say: unfair

The Post Office's FUP takes us back to the bad old days: it's vague but users report that it's often restrictive.

Without setting any explicit limits, Post Office outlaw excessive use: going over this vague barrier two months in a row of five non-consecutive months in a year and you get a warning; 'excessive' use for three consecutive months or sixth months in 12 months and they cut you off.

In the past, we've heard from users facing letters after use of just 40 or 50GB a month. Those reports are a little out of date but, then, so is the Post Office's FUP.

Sky broadband

We say: very fair

Here's an easy one: Sky broadband unlimited doesn't have a fair use policy and doesn't manage traffic.

Since they bought this policy in, we've haven't seen a single substantiated complaint about it.

TalkTalk broadband

We say: fair

TalkTalk broadband's fair usage policy is in the form of a long but somehow still fairly vague paragraph on their website.

In the past, TalkTalk have always claimed just to throttle the top 0.5% of users and now they aren't publishing any upper limits or warnings at all.

The provider claims to slow just P2P traffic during peak periods of 6pm to midnight on weekdays and 6pm to midnight at weekends.

Virgin Media

We say: unfair

All Virgin Media's cable broadband deals are notionally unlimited but only their up to 100Mb broadband doesn't come with a fair use policy.

For everyone else, between 10am and 3pm:

  • Size M customers can download 750Mb (0.73GB)
  • Size L customers can download 3000Mb (2.9GB) And,
  • Size XL customers can download 10000Mb (10GB)

Users can download half that in the evenings between 4pm and 9pm.

Once these limits are reached, connection speeds are cut by 75% (so if your speed is 10Mb, 2.5Mb). These reductions last for five hours, even if you exceed the limit 10 minutes before peak time ends.

50Mb XXL customers should only notice drops in speed from heavy uploading - upload speed will be cut to 1.75Mb.

This policy has got come in for some stick from Virgin Media customers, particularly gamers.

To sum up...

Over the past six months, most broadband providers have had to become a lot more upfront with their fair use and other traffic management policies largely because the Broadband Stakeholder Group (BSG) started asking them to publish a standardised table of their restrictions.

However, we'll continue monitoring them here - 'truly' unlimited has come and gone before - and it'd be great to add your experiences so that we can give as full a picture as possible. Comment below or drop us an email, especially if your broadband provider has informed you that you've exceeded an unadvertised usage cap.

Comments

1
13 December 2011
Aman, said...

I just signed up to a contract with Virgin Media. As soon as I was connected I tried online gaming and I was surprised at the lag and spikes I was getting, I mean seriously the traffic management shouldn't put me in list the moment I start using it. Every 30 sec the game gets stuck and I get disconnected - I'm on the XL 15Mb plan but my speed is mostly around 2-3Mb. I think that is the real transparent policy you are talking about 'JON'.

2
24 November 2011
John, said...

I have been with Virgin for 8 years now, and have used the internet just as much maybe even more over the past 7 years, now all of a sudden I have just found out that I am under Traffic Control which means my 10Mbps connection before 5pm is now 2Mbps after 5pm.

I phoned Virgin and they stated that I have been under this traffic control since february this year. Are they just making this up as they go along, as throughout the 7 years I've been with them I've never had an issue until now.

Also in the past I used to hammer online gaming but I've not been doing this for a long time. I also had to call them to find out about this. Do I have any rights at all, as shouldn't they have notified me about this before downgrading my package?

I also asked if there was anything that I could do as I use the internet after 5pm as that's when I finish work and they stated no. I'm now thinking about cancelling my subscription as I only use the internet after 5pm when I finish work and need the 10Mbps for online gaming in 2012 when Diablo 3 comes out, which needs a constant internet connection.

Do I have any rights regarding this as mentioned I have been with them for 8 years and now all of a sudden they have done this and not notified me about it and also stated that there is nothing I can do.

3
12 October 2011
Rob, said...

I recently signed up to Orange broadband as the sales rep said there was no fair usage policy and I could download as much as I wanted. Three weeks in, I find out I can only download 5GB a month during peak times and my speeds will be crippled if I even go over it slightly. I'm going to call them tomorrow and try to cancel the contract as they mis-sold the package. Winds me up so much.

4
12 October 2011
Rich, said...

I'm on BE and I tend to only download heavily during the night. I know there is no fair policy but my data is not critical. I can wait until the next day.

Why cripple the network during peak, maxing my line out and potentially force BE "into" fair usage when I don't think there is a need? If more people did what I did and downloaded certain things at certain times and leave now stuff to now, then the BE network will be able to survive the heavy traffic. I think so anyway.

As they say, if everybody hammered it all the time, they will impose traffic management. The reason I went with BE is there is no restriction, no peak times, no worries from me. I've been with BE a long time now and still very very happy. It's £17 so you can't moan really, for what you get.

5
5 October 2011
Jon, said...

Virgin are criticised in this article despite them being upfront and honest about their "limits". Orange claim no limits but have a track record of the opposite, yet they come up better.

@Nick: If you've only got through 2GB in 2 weeks, you are only likely to have a problem with Virgin if you used all of that between 4-9pm in any one day.

I would have to agree that at one extreme, if you get throttled on Virgin 10 minutes before the peak period runs out then that can be incredibly frustrating. But the daytime limit is plenty generous enough, evening management is a necessary evil and by just being careful with downloads in excess of 1GB you at least know exactly where you stand.

6
3 September 2011
aj, said...

Orange restrict p2p activities down to 30kB/s during peak time, even though speedtest shows the line is capable of performing at a much higher speed. It's really annoying since i have a 10Mb line. Is there any way to bypass this restriction?

7
20 August 2011
RN, said...

I worked for O2, Sky and now Orange. O2 restrict speeds at 4pm on peer to peer downloading, Sky increase your package automatically once you have gone over your usage twice and Orange truly are unlimited (I download, on average, 300GB a month).

8
11 August 2011
Allan, said...

Massive fan of BT Infinity now as I have seen that Virgin Media puts annoying restrictions that would definitely affect me. I am in the top 3% of users that download endless amounts each month, with O2 I was cut off and with Sky in my area it would be the same.

I now have BT Infinity Option 2 and with only P2P downloads (I only use at night) being affected at all, I can now enjoy truly unlimited 40Mb down, 10Mb up, 20ms ping, Internet that is running so far since 6 months 24/7.

9
6 July 2011
Baron, said...

Also I believe that Sky broadband is real "unlimited".

Neil Hawkins, replied...

Very true. See our is Sky broadband any good? guide for more on that.

10
20 June 2011
JP, said...

Nick - that is a download capacity per day, not per month with a dongle. Wifi in the pub will usually not allow big downloads or uploads.

11
18 June 2011
Mike, said...

I am a long standing Orange customer, on their "unlimited" home package, with inclusive calls through the livebox, all for a bargain price. However, I repeatedly get my line speed throttled back from around 5Mbit to just over 0.5Mbit, for extended periods, sometimes months on end, with no prior warning.

After a long conversation with Orange customer services, I was informed that customers on non-Orange equipment at the exchange, who are still on the old pricing scheme, are actually on a FuP of 5GB/month in peak times!

I find it disgusting that something so small can be sold as unlimited, and that its not even in their current FuP!

Neil Hawkins, replied...

You're not alone. Readers of this article should note that we're covering current fair-use policies on this page for the interest of those trying to decided which broadband provider to go with. Those with 'legacy' deals (i.e. those not available to new customers) may be subject to different rules.

12
18 June 2011
Andrew, said...

Why did you leave out Sky? Their Sky Unlimited (or whatever they call it now) is unlimited and has no fair use policy. It's only available to those people on 'Sky' exchanges but most people in decent sized towns / cities are.

Neil Hawkins, replied...

Hi Andrew, we're currently updating the article to include fair use breakdowns of all the providers. You are right though - Sky's unlimited broadband deals really are truly unrestricted with no fair use policy at all.

13
16 June 2011
Nick, said...

I am worried now that I have just signed to Virgin Media's L package. I was on O2 mobile broadband and had a 2GB limit a month. I ate that in just under 2 weeks! So if Virgin's so-called 'unlimited' broadband is just a fraction above rubbish dongle snail-band then I may just use wi-fi in the pub instead. Think I might cancel now after what I have read on here!

14
14 April 2011
Debbie Jackson, said...

As an O2 Access customer (I live in a non-cabled area) who purchased the service as completely unlimited originally, I would say their Fair Usage Policy is definitely unfair.

The policy was recently cut to a limit of 20GB a month yet it's still vaunted as 'unlimited'. Those who go over these limits in any 4-week period are told to reduce their usage the next month or have their internet cut off.

Although we've only been warned once, it seems a very unfair ruling on a contract with the 'unlimited' descriptor and also on a contract that was purchased with no cap (soft or otherwise). What is more we cannot upgrade as no other packages are available in our area.

O2 have been fantastic in almost all other aspects but for those of us on Access the FUP is not fair.

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