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Friday October 28, 2011 |
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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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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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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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Thursday September 22, 2011 |
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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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