In reply to a post by Michael_Chare:

The availability of broadband can be an important criteria when deciding whether or not to buy a property. In view of that I suggest that you complain to both Ofcom and the ASA.

The ASA do advertisements. Not sure their relevance.

OFCOM can't punish a network for changing rollout plans. They can't force them to revert to old plans either.
Not sure what would be achieved by contacting OFCOM?
Odd advice.

Plans change. Often those changes are due to state aid funding and out of OpenReach's control.
Later surveys can spot issues costing tens of thousands.

Anyone who buys a property based on a single line of text on a website saying "currently in plans" and those plans change, should contact nobody and have a word with themselves.

In reply to a post by Michael_Chare:

The availability of broadband can be an important criteria when deciding whether or not to buy a property. In view of that I suggest that you complain to both Ofcom and the ASA.

I agree with the other comments about your post, Openreach's commercial rollout plans are not legally enforceable, if Openreach were ever to get taken to court or fined for changing their plans they would very quickly stop publishing them.

The only 'legal' obligation that really exists to broadband is the USO of 10mpbs i believe - We have a rural property in the Lake District (Near Eskdale / Wasdale) with a 5 mile VDSL line which made ADSL2+ the better option! We use a 4G Service from EE on this property, which gives about 15 / 20 MPBS down on a good clear day!

Cumbria's BDUK Project initially had the program in scope but failed to actually provide FTTP or an infill cab to our area, as when they reviewed plans they cited the objective would never reach all properties.

The OP has no legal 'right' to FTTP / FTTC and the only way i could see you getting any legal recompense was if a developer sold you the house on the promise of this technology (and it had been written into a contract), otherwise you're at a dead end.

EDIT: (Sounded like i was targetting Dect lol)

Edited by Whitehall11 (Sat 06-Feb-21 11:48:12)

No worries

Michael chare really its nothing to do with either Ofcom or ASA

more disinformation and misdirection as ever

this was a copper site development pre fibre on new sites

In reply to a post by ian72:

Not sure what good that will do? There are various targets for broadband rollout but Ofcom aren't going to chase every line that doesn't currently have high speed broadband - they/government have set the direction and the market is delivering towards it.

From other posts it is apparent that Openreach have made other similar misleading statements of the same nature. Ofcom is the regulator I would argue that it is up to them to stop this happening.

What good would ASA do in this? Where has there been false advertising?

If Openreach publish misleading information about a product the ASA would know to what extent this might be considered a false advertisement so no harm in asking them.

In reply to a post by Michael_Chare:

From other posts it is apparent that Openreach have made other similar misleading statements of the same nature. Ofcom is the regulator I would argue that it is up to them to stop this happening.

In reply to a post by Michael_Chare:

If Openreach publish misleading information about a product the ASA would know to what extent this might be considered a false advertisement so no harm in asking them.

I wouldn't call what Openreach is doing misleading, surely to be misleading there would have to be premeditated intent by Openreach to lie.

More importantly, it's not an "advertisement". What Openreach say that's not in the context of an advert, the ASA are not interested in. They are not a general fact-checking service.

In reply to a post by dect:

I wouldn't call what Openreach is doing misleading, surely to be misleading there would have to be premeditated intent by Openreach to lie.

I would argue that Openreach should make it clearer that this was their intention but it might not happen. It is a failure to make sure that what they say is correct rather than a deliberate intention to lie.

In reply to a post by Michael_Chare:

I would argue that Openreach should make it clearer that this was their intention but it might not happen. It is a failure to make sure that what they say is correct rather than a deliberate intention to lie.

I always believe, 'don't count your chickens before they're hatched' and to translate that for this scenario 'fttp isn't available until its available'.