Primus Communications has jumped into the CAIP – Bell throttling case, filing a submission in support of CAIP. The Primus submission, which deals only with the question of interim relief (a fuller submission will come later), argues that the CRTC should grant CAIP’s request for an interim order directing Bell Canada to stop its throttling practices, pending a decision with regard to the remainder of CAIP’s application. Primus contends that the CAIP application provides "concrete and undeniable proof of the fact that Bell Canada has taken the 'throttling' measures described in its application." Moreover, it contends that there is no evidence that network traffic volumes necessitated the throttling measures and focuses on the Bell response, noting that:
Bell Canada's unilateral decision to throttle GAS service and stand by that decision in the face of industry protest demonstrates its market power in the wholesale high-speed Internet access market. Clearly, then, the Commission cannot rely on market forces alone to address the competitive impacts and alleged violations of the Act by Bell Canada.
Bell Responds to Primus
Looks like it’s going to be a long battle.
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