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Consumer Rights Groups and Small ISPs Appeal CRTC Traffic Shaping Decision
On May 21, 2009, the Canadian Association of Internet Providers (“CAIP”), the Consumers’ Association of Canada, Canada Without Poverty and several independent telecommunications service providers filed an application to review and vary Canadian Radio-television and Telecommunications Commission's (“CRTC”) Telecom Decision 2008-108. That decision had denied CAIP’s prior request that Bell Canada cease and desist from throttling its wholesale Asymmetric Digital Subscriber Line (“ADSL”) Access Service, which Bell Canada provides to its own customers and also to the customers of resellers pursuant to Bell Canada’s tariffed Gateway Access Service (“GAS”).
The application questions why the CRTC issued a final decision in respect of CAIP’s prior request, given that new evidence was to be (and now has been) filed in connection with the ongoing “Review of the Internet traffic management practices of Internet Service Providers” (Telecom Public Notice 2008-19). A key argument in the application is that the CRTC has essentially prejudged important issues in the public consultation; such as, that content, application or protocol (“CAP”) based throttling does not violate the Telecommunications Act, as long as the Internet service provider has applied “equivalent” traffic-shaping measures to all retail customers.
Public hearings on these issues pursuant to href="http://www.crtc.gc.ca/eng/archive/2008/pt2008-19.htm"> Telecom Public Notice 2008-19 are set to take place in Ottawa on July 6, 2009.
For additional information, visit:
http://www.cbc.ca/technology/story/2009/05/21/tech-bell-isps-internet-throttling.html
For a copy of the above noted application, visit:
http://www.crtc.gc.ca/PartVII/eng/2009/8662/p8_200907727.htm
For a copy of Telecom Decision 2008-108, visit:
http://www.crtc.gc.ca/eng/archive/2008/dt2008-108.htm
For a copy of Telecom Public Notice 2008-19, visit: