Rogers has launched a new public advocacy campaign on the forthcoming spectrum auction. Linking the roll-out of its LTE to the auction, Rogers warns that set-asides for new entrants “would be a recipe for leaving Canada behind the rest of the world, stalling Canadian innovation and limiting who can access […]
Latest Posts
CRTC Updates Internet Traffic Management Practices Guidelines
After more than 30 investigations in nearly two years, it is clear improvements are needed. At a minimum, the CRTC should be publishing all public complaints and resolutions so that the issues obtain a public airing. Moreover, the system needs penalties for violations as well as pro-active audits to ensure Internet providers are compliant with their obligations. Without change, the CRTC’s net neutrality rules offer little protection for Canadian Internet users.
Yesterday the CRTC took a first step in this direction by releasing new guidelines for responding to complaints and enforcing the rules. The best aspect of the ruling is a commitment to publish quarterly reports featuring a summary of the number and types of complaints it has received, including the number of active and resolved complaints. Moreover, any findings of non-compliance will be published on the Commission’s website and will include the ISP’s name and the nature of the complaint. The move toward greater transparency is welcome and an important step in pressuring ISPs to comply with the guidelines. The new guidelines also establish a strict timeline for responses by complainants and ISPs, which should help avoid Xplorenet-type situations that dragged on for months before the ISP addressed complaints over its traffic management practices.
Can We Please Focus on the Real Lawful Access?
First, the omission of lawful access from Bill C-10 does not mean lawful access is dead or defeated. It is only delayed as Justice officials have indicated that the government is “committed to reintroducing” the lawful access measures. In fact, yesterday Toews confirmed again “the legislation will come.” The exclusion from the omnibus crime bill is definitely a step in the right direction – it should allow for the committee hearings that have never happened despite several attempts to pass lawful access – but lawful access will still be introduced and presumably passed at some point in the future.
Second, the debate has unfortunately veered into concerns over lawful access that don’t reflect reality.
The CRTC’s Vertical Integration Decision: A Step in the Right Direction
I guess I come from the position that we, the Commission, have already recognized there is a need to create competition, more competition in order to protect Canadians, and facilities-based competition is not yet here. So it’s our job to find a vehicle to create that competition and, in the simplest terms, it is to create an environment where broadband would be made available to a third party through a lease arrangement.
The acknowledgement about the state of Canadian competition and the responsibility of the regulator to address the issue was long overdue. While the UBB decision is still forthcoming, Katz’s comments provide some reason for optimism. Yesterday’s CRTC vertical integration decision contained a similar statement that offered a strong indication that the Commission got the concerns associated with vertically integrated media companies that can use their market power in a manner that harms consumer choice :
Ellis on Rogers Game Throttling
David Ellis has a must-read post on Rogers game throttling and the lack of action by the CRTC. The post comes as the CRTC prepares to issue updated guidelines on net neutrality complaints.
Recent Posts
Solomon’s Choice: Charting the Future of AI Policy in Canada 
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record
