Michael Geist

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Govt Promises Domestic Wireless Roaming Regulation: Can Wholesale Price Regulation Be Far Behind?

Industry Minister James Moore yesterday took another step toward improving the state of wireless competition in Canada by announcing plans to cap wholesale domestic roaming fees at the same rates the companies charge their own customers. The cost of domestic roaming has been a persistent concern for new entrants and regional wireless carriers, who argue that the national carriers increase wholesale prices for roaming that render the smaller players less competitive. The new government reforms will put an end to those concerns. Moreover, it plans to create tough new penalties for companies that violate the wireless code or other regulatory requirements, a move that may increase compliance rates.

While the usual critics will moan that the latest changes are indicative of a wireless policy with ever-changing rules, the reality is that the government has made a clear commitment toward addressing the state of wireless competition in Canada. Some of its hopes may have been thwarted – the entry of Verizon tops that list – but identifying and addressing competitive barriers should be a continuing process with regular reforms as needs arise.

December 19, 2013 — 13 comments — News

Podcast on the Fight for Digital Rights

I appeared on CJSR’s Think to discuss the Fight for Digital Rights. Listen to this podcast or download it in iTunes.

December 19, 2013 — Comments are Disabled — ExtPodcasts

The Case For Cancelling Canada’s Simultaneous Substitution Rules

The government’s promise to implement a “pick-and-pay” television model that would allow consumers to subscribe to individual channels from cable and satellite providers garnered significant attention this fall. The approach was promoted as a pro-consumer reform that better reflects expectations that the public controls when, where, and on what device they watch broadcast programming.

Consistent with the government’s policy commitment, the Canadian Radio-television and Telecommunications Commission will soon report on the regulatory implications of such a reform. Changing cable packages may only be the beginning, however, as CRTC Chair Jean-Pierre Blais has stated that the regulator needs to “develop a regulatory framework that will be flexible enough to be adapted to the new technological reality.”

My weekly technology law column (homepage version, Toronto Star version) notes the unbundling of television packages represents the broadcast distribution side of the changing environment, but the flip side of the coin involves the need for changes to Canadian broadcast policy. If Industry Minister James Moore and the CRTC are prepared to shake up the way Canadians access television, they should also consider changing longstanding and increasingly outdated broadcast rules, starting with the gradual elimination of “simultaneous substitution” policies.

December 17, 2013 — 6 comments — Columns

What Will Canada’s Anti-Spam Law Mean for Users and Businesses?

Long before sites such as Youtube and Twitter were even created, the Canadian government established a national task force to examine concerns associated with spam and spyware. The task force completed its work in May 2005, unanimously recommending that the government introduce anti-spam legislation (I was a member of the task force). Four years later, then-Industry Minister Tony Clement tabled an anti-spam law, which underwent extensive committee review before receiving royal assent in December 2010.

My technology law column last week (Toronto Star version, homepage version) notes that while most expected the government to quickly bring the new law into force, the regulation-making process became bogged down by an intense lobbying effort designed to sow fear, doubt, and uncertainty about the legislation. Business groups relied upon implausible scenarios to argue that Canada would be placed at an economic disadvantage, despite the fact that government officials were able to identify over 100 other countries that have similar anti-spam regimes. The lobbying was a partial success, however, as the regulations went through two drafts and three more years of delay.

Almost a decade after Canada started down the path toward anti-spam legislation, Industry Minister James Moore announced earlier this month that the regulations are now final and the law will begin to take effect next year. There will be still yet more implementation delays – the anti-spam rules start on July 1, 2014, safeguards on software installations begin on January 15, 2015, and a private right of action that facilitates lawsuits to combat spam will be delayed until July 1, 2017 – but it appears that Canada will finally get an operational anti-spam law.

December 16, 2013 — 6 comments — Columns

Proposed U.S. Ambassador to Canada Pledges More Pressure on Intellectual Property

During the years of debate over Canadian copyright reform, I frequently argued that caving to U.S. demands on issues such as digital locks would not relieve the pressure but rather invite more of the same. While Canada has done much of what the U.S. has asked – digital locks, anti-counterfeiting […]

December 12, 2013 — 7 comments — News