Key Points

• BT and Kingston are required (by a specific universal service condition) to provide a telephone connection, capable of functional Internet access, upon reasonable request. Oftel has also published guidelines on functional Internet access, setting out a benchmark speed of 28.8 kbit/s and explaining how Oftel expects BT and Kingston to respond to (justified) complaints about unsatisfactory Internet access.
  
  
• Oftel understands concern over lines using DACS. The guidelines therefore specifically discuss how BT (and Kingston) should deal with complaints from end-users who have DACS on their telephone line. Even if a DACS-line is meeting the 28.8 kbit/s benchmark, it is unlikely to be delivering optimal performance
  

Background
EC legislation, the Universal Service Directive, requires Member States to ensure all end-users have access to a basic level of telecoms services. Amongst other things, everybody should be provided with a connection to the public telephone network on reasonable request; this connection must be capable of 'functional Internet access'. This term, whilst not specifically defined, refers to a single narrowband connection, not ISDN or broadband. High-speed services are not yet considered basic services, but the legislation may be revised with changing technological, economic and social conditions.

From 25 July 2003, BT and, in the Hull area, Kingston must provide a telephone connection, capable of functional Internet access (FIA), upon reasonable request. Oftel has also produced Guidelines which clarify what Oftel will look at when deciding whether BT or Kingston is providing FIA.

The Guidelines say that, where a line is fitted with a device like DACS, Oftel considers that the line is unlikely to achieve optimum performance. Therefore, where an end-user complains about slow speeds and it turns out that the line is fitted with DACS, the provider (BT/Kingston) should take all reasonable steps to provide a line without DACS, eg by removing the DACS device, or providing an unused line which isn't fitted with DACS.

This is a major step forward, and will see real improvements for narrowband dial-up users. However, it should be noted that BT's existing network was developed for voice telephony not high-speed data transmission - BT offers other services that provide high-speed data transmission. Consumers need to decide whether they wish to pay for the advantages of high-speed access with, where available, Home Highway (ISDN) and the various Broadband options.

What is DACS?
DACS - Digital Access Carrier System, often referred to as line doubling equipment, is a method of delivering two independent phone services over a single phone line.

How does it work?
A DACS consists of an electronics unit at each end of the phone line and each of these units has two independent analogue phone ports. These two analogue phone ports are converted to a single digital signal, at 128kbit/s, and transmitted down the single phone line. At the other end the single digital signal is converted back to the two analogue lines.

Why use DACS?
In some circumstances spare lines between an end user and the exchange do not exist and can not easily be installed. In these situations DACS is commonly used to deliver two phone services over a single phone line.

Does DACS slow down Internet speeds?
Yes it can in some circumstances

Can Oftel stop BT using DACS?
It depends...

First of all, DACS is a perfectly acceptable technology where only ordinary voice telephony is required. However, where the line is being used for Internet access, DACS may not be an acceptable solution.

Oftel's view - as set out in the guidelines - is that where a customer who requires Internet access complains about a line that is fitted with DACS, all reasonable steps should be taken to provide the customer with a line without DACS. This could be done in a number of ways, eg removing the DACS device, transferring the DACS line to another user who does not require Internet access etc.

BT is required to ensure that it provides (upon reasonable request) a connection capable of supporting functional Internet access. If it fails to do this, then Oftel may need to take enforcement action against it. So, if BT refuses to do something about a customer who has complained about a line fitted with DACS, unless BT can provide very convincing reasons, Oftel may decide it is not providing functional Internet access and take enforcement action, eg impose a fine.

So What can be done for customers who suspect they have been connected to a DACS line
The guidelines give examples of what BT should do where customers complain about unsatisfactory Internet access and their line turns out to have a DACS. If they ask for a new line, BT should first establish whether the line will be used for Internet access. If so, it should take all reasonable steps to avoid providing a line fitted with DACS. Customers should be given accurate information if they query whether their line is connected to DACS (note the customer may not know this so may not ask BT the specific question). BT should also monitor the use of DACS within its network and ensure the impact of DACS on Internet access decreases over time. BT now has a special task force to deal with DACS related queries.

(If you have been following the steps to contact Oftel and this FAQ has not helped then proceed to Step 3)