A fight between the technical definition of the term "broadband" and various interpretations in the marketing world of the term seems to be hotting up - prompted by a recent adjudication by the Advertising Standards Authority.

The controversy circles over complaints from Freeserve and a member of the public over an advert for ntl's 128kbps cable modem service, in which ntl says: "High Speed Broadband Internet only £14.99 a month... From the UK's No.1 Broadband Internet provider - Always connected - no waiting to get online ... Leaves your phone line free ..."

It should be pointed out at this juncture that ntl is raising the speed of this service to 150kbps - and the price of it to £17.99 per month - from May 1. However, the contents of the adjudication would still have a bearing on how ntl advertises the service following the speed rise.

Both complainants argued that "broadband" should only represent a service with a speed of over 500kbps. In its response, ntl pointed to guidance from telecoms regulator Oftel, along with similar guidance from the Department of Trade and Industry, which says "broadband" can be used to describe "...higher bandwidth always-on services, offering data rates of 128 kbps and above." Not only that, but they provided the ASA with the technical definition of broadband, and said that as ntl's service is transmitted over a 6MHz channel, it qualifies from that standpoint as a "broadband" service too.

The ASA however, chose to ignore the Oftel, DTI, and technical definitions of "broadband", and concluded: "...most consumers would understand broadband to mean a service of upwards of 500 kbps, the Authority concluded that the claim 'broadband', without qualification, was likely to mislead," although the Authority did acknowledge that the 128kbps service met the Oftel definition of the term.

ntl has agreed to remove the claim "high speed" from the advert and will "include a prominent reference to the speed of the service," in future advertising campaigns.