Erm .....
"unless Ofcom find network operators or ISPs to have Significant Market Power and justify intervention on competition grounds"
Yeah, just remind me again, who owns the all exchanges, most of the the backhaul, and practically all of the the last mile copper ? Is it just one network operator ? I mean, because if it was, I think it would be pretty obvious that they would have "Significant Market Power", especially, if, say they were also the UK's largest ISP. Or is that just me ?
The company under discussion here is already wielding it's"Significant Market Power" by using a combination of it's own QoS-a-liciuos TVOD service, streamed from it's own servers and therefore never crossing the wider internet with all the bursty traffic problems therein entailed, and extremely aggressive traffic throttling policies which kick in between 16:00 and 23:00 weekdays and which see average non http transfer speed drop from 100Kbps, which is on the the unacceptable side of slow in any case, to average 5Kbps*. Weekends are worse.
.I'm not sure how I feel about the whole net neutrality thing, although I fail to see how making innovation more expensive will encourage it, but if Ofcom can't see that BT, the UK's practical monopoly network operator and default ISP of the masses doesn't have "Significant Market Power" then they aren't fit for purpose.
* Some may be tempted to say that this is simply congestion at busy times, it is not, as a quick look at the traffic graph shows, transfer speeds cease to be bursty and clearly never rise above a given maximum pf 10Kbps during the entire 7 hour period. However, even assuming that I were wrong about this, and this was simply an artefact of congestion, then who the fuck do ISPs think they are to charge content providers and consumers extra for access to additional bandwidth that simply doesn't exist ? Either way is a massive fail.