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    Rogers Throttling Complaint Headed to CRTC Enforcement Branch

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    Friday October 28, 2011
    The ongoing complaint against Rogers by Canadian Gamers Organization against Rogers over its throttling practices is now headed to the CRTC enforcement branch. The precise nature of the enforcement remains unknown.
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    Do Bell's Throttling Practices Violate CRTC Net Neutrality Rules?: It Says P2P Congestion Declining

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    Wednesday October 19, 2011
    Earlier this week, Bell wrote to its wholesale ISP customers to let them know that it is shifting away from throttling practices that have been in place for several years. The letter states:

    Effective November 2011, new links implemented by Bell to augment our DSL network may not be subject to Technical Internet Traffic Management Practices (ITMP).  ITMPs were introduced in March, 2008 to address congestion on the network due to the increased use of Peer-to-Peer file sharing applications during peak periods. While congestion still exists, the impact of Peer-to-Peer file sharing applications on congestion has reduced. Furthermore, as we continue to groom and build out our network, customers may be migrated to network facilities where Technical Internet Traffic Management Practices (ITMPs) will not be applied.

    Bell's letter raises several interesting issues. First, it is an acknowledgment of what groups like CIPPIC, PIAC and others were saying as far back as 2009 in the net neutrality hearing. Peer-to-peer traffic is declining as an overall percentage of network traffic and the stresses on the system are far more likely to come from online video services such as Netflix.

    Second, this acknowledgement raises the prospect that Bell's current throttling practices may now violate the CRTC's Internet traffic management guidelines. While Bell says its congestion has been reduced, its retail throttling practices have remained unchanged, throttling P2P applications from 4:30 pm to 2:00 am.  Given the decline in congestion, a CRTC complaint might ask whether the current throttling policy "results in discrimination or preference as little as reasonably possible" and ask for explanation why its data cap policies "would not reasonably address the need and effectively achieve the same purpose as the ITMP."  In fact, the same can now be said for many other ISPs who deploy broad based throttling practices (Rogers, Cogeco), which may not be reasonable under the CRTC policy.
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    CRTC Updates Internet Traffic Management Practices Guidelines

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    Friday September 23, 2011
    Earlier this year, I launched an access-to-information request with the CRTC requesting all records related to net neutrality complaints filed under the Commission's 2009 Internet traffic management practices decision. The result was a post titled Canada's Net Neutrality Enforcement Failure, which listed dozens of complaints and a discouraging lack of CRTC investigation into them. The post concluded:

    After more than 30 investigations in nearly two years, it is clear improvements are needed. At a minimum, the CRTC should be publishing all public complaints and resolutions so that the issues obtain a public airing. Moreover, the system needs penalties for violations as well as pro-active audits to ensure Internet providers are compliant with their obligations. Without change, the CRTC’s net neutrality rules offer little protection for Canadian Internet users.

    Yesterday the CRTC took a first step in this direction by releasing new guidelines for responding to complaints and enforcing the rules. The best aspect of the ruling is a commitment to publish quarterly reports featuring a summary of the number and types of complaints it has received, including the number of active and resolved complaints. Moreover, any findings of non-compliance will be published on the Commission’s website and will include the ISP’s name and the nature of the complaint. The move toward greater transparency is welcome and an important step in pressuring ISPs to comply with the guidelines. The new guidelines also establish a strict timeline for responses by complainants and ISPs, which should help avoid Xplorenet-type situations that dragged on for months before the ISP addressed complaints over its traffic management practices.


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    Ellis on Rogers Game Throttling

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    Thursday September 22, 2011
    David Ellis has a must-read post on Rogers game throttling and the lack of action by the CRTC. The post comes as the CRTC prepares to issue updated guidelines on net neutrality complaints.
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