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It Only Takes One: Will the Spectrum Auction Lead to a New National Wireless Carrier?

The old adage in real estate that it only takes one buyer held true in the Canadian 700 MHz spectrum auction. After potential new entrants such as Verizon declined to enter the Canadian market and Wind Mobile dropped out of the bidding at the last minute, many declared the spectrum auction a failure. Industry Minister James Moore and the government got the last laugh, however, with the auction generating $5.3 billion and the emergence of potential new national wireless player – Videotron (parent company is Quebecor). There had been some speculation that Quebecor might make a move outside of Quebec (Nowak, Corcoran) and seeing the company scoop up prime spectrum in Ontario, Alberta, and British Columbia offers renewed hope for a more competitive environment.

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February 20, 2014 5 comments News

CRTC Launches Lopsided Talk TV Consult: Raises Prospect of Net Regulation & Net Neutrality Violation

The CRTC launched the second phase of its Talk TV consultation with a series of questions that place the big regulatory issues squarely on the table. After asking some basic data questions, the consultation addresses a series of issues with scenarios that are framed in a lopsided manner. The consultation addresses hot button issues such as online video, pick-and-pay channels, and simultaneous substitution, but the options presented to respondents are limited and skewed toward Internet regulation for online video or supporting the status quo for conventional broadcast. For example, access to more U.S. programming is presented as a choice between increased fees, lost Canadian jobs, or larger television packages with Canadian channels. The online video discussion is premised on new CRTC regulations that with a series of increased fee options presented.

If this consultation is a signal of where the CRTC is headed, not only is the notion of true pick-and-pay channels dead and simultaneous substitution alive, but the Commission may be willing to toss out net neutrality in a race to regulate online video services. The issues raised in the consultation:

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February 19, 2014 21 comments News
052:365 - 06/21/2012 - Netflix by Shardayy (CC BY 2.0) https://flic.kr/p/cisnRo

Canadian Media Production and Music Groups Calls for New Rules for Netflix, Google, ISPs

Canadians love Internet success stories such as Netflix and Google as recent data indicates that millions now subscribe to the online video service and Google is the undisputed leader in search and online advertising. The changing marketplace may be a boon to consumers, but my weekly technology law column (Toronto Star version, homepage version) notes that it also breeds calls for increased Internet regulation. That is particularly true in the content industry, with the film and music sectors recently calling for rules that would target online video services, Internet providers, and search engines.

The Canadian Media Production Association, which represents independent producers of English films and television shows, recently told a Senate committee that new rules are needed to address the threat posed by popular Internet video services such as Netflix. The CMPA argued that a “level playing field” is needed to ensure that there is “choice, diversity and growth in a more open market place.”

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February 13, 2014 19 comments Columns

It’s (Almost) Here: Why the Canadian Digital Strategy Takes Shape With Budget 2014

Nearly two years ago, I wrote a post about how the Canadian digital economy strategy seemed to be taking shape. The government had moved on several legislative issues including copyright and spam, it was bringing together federal and provincial ministers to discuss the issue, the open government initiative was on the way, and telecom policy was beginning to emerge as a major concern. All that was missing was an announcement, identification of some targets, and the signal that this was a priority. While I’m told that some in government also saw it this way, then-Industry Minister Christian Paradis let the moment slip away and the entire digital strategy become little more than a punchline.

Yesterday’s federal budget marks the revival of the Canadian digital strategy. The government will undoubtedly still point to past accomplishments (the budget references reforms that date back to the 2006, so digital economy activities from several years ago are surely fair game), but this budget provides many of the remaining ingredients for a digital strategy (Mark Goldberg offers a similar perspective). Once again, all that is left is missing is the official announcement from Industry Minister James Moore. So what will the Canadian digital strategy contain? Based on this budget, it would seem to include:

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February 12, 2014 8 comments News

The Day We Fight Back Against Mass Internet Surveillance: What Canadians Can Do

Over the past eight months, the steady stream of Snowden leaks have revealed the existence of a massive surveillance infrastructure intent on capturing seemingly all communications, including metadata on phone calls, Internet searches, and other online activity. While much of the surveillance originates with the U.S. NSA, the leaks suggest […]

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February 11, 2014 13 comments News