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The CRTC’s UBB Decision: Bell Loses But Do Consumers Win?

The CRTC released its much anticipated decision on usage based billing this afternoon, rejecting the wholesale UBB model that came within weeks of taking effect and Bell’s revised Aggregated Volume Pricing model, in favour a capacity-based approach that is closer to that proposed by the independent ISPs and MTS Allstream. The decision is a clear loss for Bell – its hopes to charge based on volume are out (which keeps the door open for independent ISPs to offer unlimited plans) – but the bigger question is whether Canadian consumers are winners.

On the specific decision, the CRTC rejected the UBB model it approved less than a year ago, acknowledging that it was too inflexible and could block independent ISPs from differentiating their services.  The issue then boiled down to Bell’s preferred model based on volume and the independent ISPs’ approach who preferred capacity based models. The Commission ruled that capacity-based models are a better approach since they are more consistent with how network providers plan their networks and less susceptible to billing disputes.

With Bell’s preferred approach out of the way, the Commission was left to choose between two capacity models – the independent providers’ “95th percentile” solution and MTS Allstream’s capacity model. The Commission chose a variant on the MTS Allstream model that involves both a monthly access fee and a monthly capacity charge that can increase in increments of 100 Mbps. That model is even more flexible than what MTS proposed, suggesting that the Commission was primarily focused on building in as much flexibility for independent providers as possible. In addition to this model (which the Commission calls an approved capacity model), the large ISPs can continue to use flat rate models which provide for unlimited usage.

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November 15, 2011 25 comments News

Universal Music Sues Insurer To Pay For Its Copyright Infringement

Earlier this year, the four primary members of the Canadian Recording Industry Association (now Music Canada) – Warner Music Canada, Sony BMG Music Canada, EMI Music Canada, and Universal Music Canada – settled the largest copyright class action lawsuit in Canadian history by agreeing to pay over $50 million to […]

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November 15, 2011 13 comments News

CRTC To Release UBB Decision Today: Background Reading

The CRTC will release its much anticipated usage based billing decision this afternoon at 4:00. There is no shortage of backgroud information for those looking to get up-to-speed.  My post on the conclusion of the summer hearing – The Usage Based Billing Hearing Concludes: Has the CRTC Come to Competition […]

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November 15, 2011 3 comments News

The Daily Digital Lock Dissenter, Day 30: Canadian Alliance of Student Associations

The Canadian Alliance of Student Associations (CASA) is an alliance of 26 student associations and student unions from across Canada. Through this network of college, technical institute and university student governments, CASA represents and defends the interests of approximately 320,000 post-secondary students to the federal government.  CASA members are on […]

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November 15, 2011 Comments are Disabled News

Keystone XL and the Future of Bill C-11

In 2005, the then-Liberal government introduced Bill C-60, the first attempt at digital copyright reform in Canada. The bill included digital lock provisions that linked circumvention to copyright infringement (as supported today by dozens of Canadian organizations) and did not create a ban on the tools that can be used to circumvent. The approach was consistent with the WIPO Internet treaties, but left the U.S. very unhappy. 

For many years, the lead lobbyist against the C-60 approach and for a U.S. DMCA-style implementation was David Wilkins, the U.S. Ambassador to Canada during the Bush Administration. Wilkins regularly described Canadian law as the weakest in G7, lobbied successfully for anti-camcording legislation, wrote letters setting out the U.S. demands, and met with every Canadian minister on the file (his meeting with Industry Minister Bernier was chronicled in a Wikileaks cable). The U.S. pressure was ultimately successful as Bill C-61 included digital lock rules designed to satisfy their demands. While subsequent copyright bills (C-32 and C-11) do a better job of striking a balance on other copyright issues, the digital lock rules have remain unchanged because the U.S. demands have remained unchanged. 

Wilkins was back in the news this past weekend as the U.S. dealt the Canadian government a significant setback by delaying approval of Keystone XL pipeline. Wilkins, who was hired by the Canadian Association of Petroleum Producers to lobby for pipeline approval in the U.S., called the decision “politics at its worst.”

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November 14, 2011 11 comments News