While this suggests that review will be theatre, there is considerable reason to be skeptical of the review on both procedural and substantive grounds (I will leave to the side those who will claim that this is all just political pandering to consumers – Clement has a mixed record in that regard: solid on telecom and spam, weak on copyright given the digital lock rules in Bill C-32). Many in the media have begun to question whether the public realizes that this specific dispute only directly affects some independent ISPs. I think the answer is no. However, after yesterday’s hearing, I am left with the sense that the CRTC does not realize it either. In von Finckenstein’s effort to defend UBB, he failed to recognize that there is a world of difference between supporting the choice of an ISP to implement UBB and a regulatory model that leaves an ISP with no other alternative. The CRTC’s UBB decisions are wrong not because UBB is wrong, but because they undermine the potential for competitors to make alternative choices.