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The Canadian Wireless Debate is Over: How the Incumbent Carriers Lost the Support of the Government

For the past few years, there has been a lively debate on the state of the Canadian wireless marketplace. Consumer advocates and others have argued that Canadian market is not sufficiently competitive and that aggressive policy action is needed to foster greater competition and to adequately protect consumers until market forces can be fully relied upon. The incumbent telecom companies and the CWTA present a far different story, contesting multiple international studies and painting Canada as a market leader.

The events of this week – the introduction of a CRTC consumer wireless code and the Industry Canada decision to uphold its set-aside spectrum policy by killing the Telus – Mobilicity deal – point to the fact that this debate is now over in the minds of the government. Government telecom policy in 2006 was focused on deregulation and a hands-off, industry-led approach. Those days are long gone as the government has now adopted a consumer-focused, populist approach premised on the view that a public fight with the telecom companies is a political winner.  Moreover, the government may have shifted, but the incumbent providers clearly have not, failing to adapt to the new policy terrain.

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June 5, 2013 5 comments News

Government’s Wireless Policy Still Not Connecting as it Kills the Telus – Mobilicity Deal

Industry Minister Christian Paradis surprised some analysts this morning by announcing that the government would not approve Telus plans to purchase Mobilicity. The decision is entirely defensible. The government established clear rules on transfers of spectrum that was set-aside in 2008 that prohibited transfer to incumbents within the first five […]

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June 4, 2013 10 comments News

Discussing the CRTC Consumer Wireless Code on CTV’s Power Play

I appeared yesterday on CTV’s Power Play to discuss the CRTC’s Consumer Wireless Code. The video can be accessed here.

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June 4, 2013 Comments are Disabled News

Can Canada’s Failed Wireless Policy Be Saved?

This is wireless week in Canada with the CRTC unveiling its consumer wireless code on Monday and Industry Minister Christian Paradis scheduled to make an important wireless announcement on Tuesday morning in Ottawa. In anticipation of the focus on telecom issues, my weekly technology law column (Toronto Star version, homepage version) assessed whether Canada’s failed wireless policy can be saved.

The column opened by noting that earlier this year, Industry Minister Christian Paradis released the Canadian government’s strategy to increase competition in the wireless sector. Acknowledging the challenges, Paradis promised to “continue to pay close attention to what is going on and to make sure that our policies reflect the fact that we want to achieve the goal of having more competition.”

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June 3, 2013 8 comments Columns

CRTC Releases New Wireless Code That Should Eliminate Three Year Contracts

The CRTC released its much-anticipated consumer wireless code this morning. While much of the code remains unchanged from an earlier draft proposal, the headline-grabbing change is that the Commission has effectively brought three-year contracts to an end. The issue of contract length was the top issue raised by consumers, who argued that Canadian wireless contracts were longer than most other countries and that they represented a significant barrier to effective competition.

While the incumbent wireless carriers argued that consumers like three-year contracts, the CRTC sided with consumers. Effective December 2, 2013, consumers will be allowed to terminate their wireless contracts after two years with no cancellation fees. The ability to cancel with no further costs should result in two years becoming the standard for a long-term wireless contract. It will be interesting to see how quickly the carriers implement this change as smart consumers may decide to delay signing new contracts unless they are protected by the new wireless code if the carriers insist on retaining early cancellation fees in the final year of a three-year contract until the code takes effect.

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June 3, 2013 26 comments News