Powered by Lexis+®
CASE STUDY

“It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied.”

Walsall Council

Access all documents on Broadband

Broadband meaning

What does Broadband mean?
Broadband describes high‑capacity internet access delivered over fixed or mobile networks and, in legal practice, is used in contracts, procurement and regulatory documents to define access services, performance and obligations. It is a descriptive industry term rather than a single statutory definition, but speed thresholds are set for specific purposes. In the UK, Ofcom’s broadband Universal Service Obligation requires at least 10 Mbit/s download and 1 Mbit/s upload for eligible premises, while policy and advertising commonly refer to “superfast” (around 30 Mbit/s+), “ultrafast” (100 Mbit/s+) and “gigabit‑capable” (1 Gbit/s+). In Ireland, usage is similar under ComReg oversight and the National Broadband Plan, with comparable speed tiers and transparency rules. Fixed broadband typically uses full fibre (FTTP/FTTH), fibre‑to‑the‑cabinet/VDSL, cable (DOCSIS) or fixed wireless access. Mobile broadband is delivered over 4G/LTE and 5G networks. Key legal features include: service descriptions (minimum/typical speeds, upload/download, latency, contention and data caps), traffic‑management and net‑neutrality compliance, quality‑of‑service and uptime SLAs, installation and wayleave/land access (including the UK Electronic Communications Code), and consumer information and advertising standards on speed claims. Terminology and usage are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, with enforcement by Ofcom/ASA in the UK and ComReg/ASAI in Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related News about Broadband

NEWS
EU Commission publishes simplified merger notifications; issues Orange/MasMovil decision materials; approves State aid for Czech Post and Greek broadband; amends Ukraine-related Romanian TCTF scheme - 19 July 2024

Mergers The Commission received notifications for: CVC/Waldakt/Resurs (M.11636) (simplified merger procedure) Goldman Sachs/Groupe Crystal (M.11607) (simplified merger procedure) It released the Advisory Committee’s Opinion, the Hearing Officer’s Final Report, and the Summary of the Commission decision in Orange/MasMovil (M.10896)—see further, Opinion of the Advisory Committee, Final Report of the Hearing Officer and Summary of the Commission decision Note—For all ongoing merger probes before the Commission, see further, EU mergers—ongoing cases tracker State aid The Commission adopted two approvals under EU State aid rules: Czechia’s compensation to Czech Post for providing Data Box Information System services for 2023–2027—see further, Midday Express A Greek voucher scheme (€80m, partly funded via the Recovery and Resilience Facility) to boost broadband take-up—see further, Midday Express Note—For all live State aid decisions and formal investigations, see further, EU State aid decisions—ongoing cases...

Read More Right Arrow
NEWS
UK competition law update: CMA publishes Phase 1 merger decision (Alumasc/ARP), SAU final report on Welsh broadband scheme, and senior CMA appointments; see trackers and calendar—29 January 2024

Mergers The CMA has released the full text of its phase 1 decision concerning the proposed acquisition by The Alumasc Group plc of ARP Group Holdings Ltd and Rainwater Online Holdings Limited—see further, decision. NOTE—For all live mergers before the CMA, see further, UK mergers—ongoing cases tracker Subsidy control The Subsidy Advice Unit has issued its final report to the Welsh Government on the Scheme to Extend High Speed Broadband in Wales—see further, final report. NOTE—For all decisions referred to the Subsidy Advice Unit under the Subsidy Control Act 2022, see further, UK subsidy control—cases tracker Competition policy The CMA has confirmed two senior leadership appointments. Chris Prevett has been named permanent General Counsel, while Will Hayter has been appointed Executive Director of Digital Markets—see further, press release. NOTE—For a summary of all ongoing competition law legislation, guidance and other policy developments, see further, UK competition law—ongoing legislation and policy tracker Upcoming dates For dates of forthcoming UK competition developments, see further, UK...

Read More Right Arrow
NEWS
UK TMT briefing—7 March 2024: Budget 2024 tech measures, Amazon targeting ruling, ICO ‘consent or pay’, Automated Vehicles Bill call, DMA gatekeepers, ASA action, broadband USO, data breach claims

In this issue: Key developments and materials New technologies Internet Media Data protection Telecommunications Advertising, marketing and sponsorship Reputation management LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&A Useful information Key developments and materials Spring Budget 2024—key TMT announcements During the Spring Budget 2024 on 6 March 2024, the Chancellor of the Exchequer, the Rt Hon Jeremy Hunt MP, set out a series of measures impacting the TMT sector. These include backing the growth of small and medium-sized enterprises (SMEs) through government investment in artificial intelligence (AI), establishing an SME Digital Adoption Taskforce, funding digital transformation across the NHS, and support for quantum computing. Hunt also confirmed the government’s commitment to the creative industries with a dedicated Investment Zone, more than £1bn in additional tax relief up to 2029, and extra tax credits and reliefs. Rosie...

Read More Right Arrow

View the related Practice Notes about Broadband

PRACTICE NOTES
UK CMA Phase 2 unconditional clearance: Viasat/Inmarsat - no SLC in broadband in-flight connectivity for commercial and business aviation (9 May 2023)

CASE HUB ARCHIVED This archived case hub sets out the status as at the decision date of 9 May 2023; it is not being updated. See further, timeline. Case facts Outline of the UK merger investigation into the anticipated acquisition by Viasat, Inc. of Inmarsat Group Holdings Limited. The deal features horizontal overlaps in the supply of in-flight connectivity for aircraft. Latest developments On 9 May 2023, the CMA published its final report, granting unconditional approval. It found that although the firms are close competitors (notably in supplying wi-fi connectivity on board flights), the deal would not lessen competition for services on flights used by UK customers because: (i) the satellite industry is growing quickly and changing in response to rising demand for satellite connectivity, largely fuelled by ever-increasing internet use by businesses and consumers; and (ii) the merged firm would face cumulative constraints from other competitors, including several new operators entering or intending to enter the market and established players that are also investing...

Read More Right Arrow
PRACTICE NOTES
Abuse of dominance: CJEU clarifies Article 11(6) Regulation 1/2003 and ne bis in idem in parallel Commission/NCA proceedings—Slovak Telekom (C‑857/19)

CASE HUB ARCHIVED This archived case hub records the state of play as at the judgment of 25 February 2021 and is no longer updated. For further details, see the timeline. Case facts Outline Case C‑857/19, Slovak Telekom-a reference from Slovakia seeking guidance on whether, amongst other issues, Article 50 of the Charter of Fundamental Rights of the EU also covers administrative infringements consisting of abuse of a dominant position under Article 102 TFEU, where the Commission and a Member State authority have, independently and separately, imposed penalties in exercising their powers under Article 11(6) of Regulation 1/2003. Latest developments On 25 February 2021, the Court of Justice delivered its ruling, finding, inter alia, that Slovak Telekom-already held by the Commission to have abused a dominant position in relation to certain telecommunications services-could likewise be penalised by the Slovak competition authority for the same type of abuse affecting other telecommunications services. Parties Applicant: Slovak Telekom (ST) Respondent: Protimonopolný úrad Slovenskej...

Read More Right Arrow
PRACTICE NOTES
Telefónica v Commission (C‑295/12): CJEU confirms stand-alone margin squeeze abuse under Article 102 TFEU without Bronner indispensability; fine upheld; regulated telecoms enforcement in Spanish broadband market

CASE HUB ARCHIVED This archived case hub captures the position as at the judgment of 10 July 2014 and is no longer being updated. For further detail, see: timeline, commentary and related/relevant cases. Case facts Outline: An appeal was lodged against the General Court’s judgment dismissing Telefónica’s challenge to the Commission’s 2007 decision imposing a fine of around €151.9m for an alleged margin squeeze contrary to Article 102 TFEU. The Court of Justice handed down its judgment on 10 July 2014. The dispute centres on whether a ‘margin squeeze’ can be found without first establishing the indispensability of the wholesale input(s) concerned. Parties Appellants: Telefónica SA Telefónica de España SAU Other Parties: European Commission France Telecom España SA Asociación de Usuarios de Servicios Bancarios European Competitive Telecommunications Association Telefónica SA is the holding company of the Telefónica group, formerly the state monopoly in Spain’s telecommunications sector. During the period...

Read More Right Arrow

View the related Precedents about Broadband

PRECEDENTS
Estate administration—Solicitors’ letter to telephone or broadband provider: death notification, disconnection and final bill, or account transfer to remaining occupier

[ enter name of telephone company ][ enter address of telephone company ] Dear [ enter organisation name ] The late [ enter name of deceased ] Account number[s]: [ enter account number(s) ]Address: [ enter deceased’s address ] We act for the personal representatives of the late [ enter name of deceased ] [ also known as [ enter other name(s) by which the deceased was known ] ], who passed away on [ enter date of death ]. Enclosed is an office copy of the death certificate for your inspection and return. Telephone [ and broadband ] services were supplied to the deceased at the above address under the account referenced above. [ Kindly arrange disconnection of the telephone [ and broadband services ] at the property and issue a final bill to this firm. The account will be settled once the personal representatives are in receipt of estate funds. ] [ Please do not disconnect the telephone [ or broadband...

Read More Right Arrow
PRECEDENTS
Comprehensive pre-contract enquiries and due diligence checklist for sale of agricultural estates and large farms with dwellings and farm buildings (freehold/leasehold) (England and Wales)

Re: [ description ] (the Property) Seller: [ name of Seller ] Buyer: [ name of Buyer ] 1 Extent of the Property 1.1 Boundaries 1.1.1 Kindly supply a plan of the Property identifying the ownership of every boundary. Where the title does not clearly evidence ownership, state who has previously maintained the boundary and set out any contributions made towards its upkeep. 1.1.2 Please confirm there are no inconsistencies in the title deeds concerning the Property’s boundaries and that the physical boundaries exactly match those shown in the deeds. If any discrepancy exists, provide full particulars. 1.1.3 Have any boundaries been moved or re-aligned by the Seller or by any earlier proprietor? 1.1.4 Is there any existing or anticipated liability relating to the maintenance of the boundaries? 1.1.5 If any part of the Property adjoins a river, ditch, or other watercourse, does the boundary sit on the near bank, the far bank, or along the centre of the bed? ...

Read More Right Arrow