The CRTC this morning denied CAIP's request for interim relief blocking Bell's throttling practices. The Commission ruled that CAIP did not meet the standard for interim relief. It acknowledged that there is a serious issue to be determined, but it was not convinced that there will be irreparable harm if the relief was not granted. While CAIP is undoubtedly disappointed, I don't think this decision is much of a surprise. The standard for interim relief is very high and given the ability to provide monetary compensation at a later date, the CRTC took a pass on stopping the throttling practices based on the limited record of evidence. The CRTC has left the door open to addressing throttling and net neutrality in a serious way, however. First, it ruled that there is a serious issue to be determined. Second, tomorrow it will release the details on how it plans to address the substantive issues of the throttling complaint. Combined with the draft new media document, there is a real possibility of hearings in the fall on throttling and net neutrality in Canada from both a broadcast and telecom perspective.
CRTC Denies CAIP Request for Interim Relief from Bell’s Throttling
May 14, 2008
Tags: bell / caip / crtc / net neutrality / throttling
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One has to ponder whether the CRTC even considered its over-riding mandate to the Canadian people should be held to a higher level than the standards from the “RJR Macdonald” case law for granting interim relief. Of course that opens a new can of worms that this quasi judicial agency clearly didn’t want to get into. That they might do their job rather than duck around the legalities. Clearly they bowed to Bell’s lawyers in the application of the RJR Macdonald test. That’s a shame.
It comes as no surprise at all since half the crtc members are made up of bell flunkies.
Unless their own personal butts are at risk then its been made perfectly clear just were their loyaltys are.
This has happened time and time again with them.
They long ago stopped serving the people .
You take the Bad with the Good, a lot of good has come from pressing this issue, we have to fight to take things from here in the right direction.
Bell Flunkies there Magnus33? Here’s the list of commissioners … find the Bell people!
[ link ]
My concern is that this is going to get lost in the CRTC’s New Media hearings.
Take a closer look at your link Alienated. I count 3 with telco backgrounds and a couple with cable. Hardly an unbiased lot.
Screw the PEople
The government continues to show that the people are nothing more than piggy banks for them to take from. They cater to corporations and allow monopolies while not defending the peoples rights to fair service and a competitive market. We’re getting screwed over when it comes to technology, especially ISP’s, in Canada. We are so far behind in network technology.