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Digital Economy Bill [HL]

9A: After Clause 1, insert the following new Clause— "Duty to establish scheme to deal with complaints, faults and requests regarding broadband and its associated data and signal carrying cables (1) The Communications Act 2003 is amended as follows. (2) After subsection 27 insert— 27A "Duty to establish scheme to deal with complaints, faults and requests regarding broadband and its associated data and signal carrying cables (1) It shall be the duty of OFCOM to establish a scheme for the reporting of complaints about, and requests for repairs to, broadband and associated data and signal carrying cables, and services. (2) When establishing the scheme under subsection (1), OFCOM must ensure that the scheme— (a) allows for the reporting of complaints about the quality of broadband services (including faults and complaints about capacity to carry data or signalling) by registered subscribers, whether or not the subscribers are an end user for that service; (b) places responsibility for every complaint or request with either the broadband service provider or the owner of the communication cable (depending on the nature of the complaint, fault or request), and ensures that in no case should a complaint, fault or request not be attached such responsibility; (c) requires all repairs or alterations to the communication cables to be carried out in such a way as to accommodate and facilitate reasonably anticipated upgrades to the broadband and associated services; (d) requires a broadband service provider or an owner or owners of the communication cables to carry out necessary repairs or upgrades to the same or a better standard than that pertained prior to the complaint or request.""