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NDP Warns Against Lawful Access

NDP MP Charlie Angus has issued a warning about the government’s lawful access plans, calling for oversight and limits.

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July 14, 2011 6 comments News

CRTC UBB Hearing, Day 2: What is so undemocratic about allowing a few companies to control the Net?

The second day of the CRTC hearing on usage based billing left the Commission with three fairly divergent views on Canadian networks, traffic management, and the wholesale tariff (coverage from the Globe, Cartt.ca, Wire Report). While Bell focused on network congestion in its presentation on the first day, the cable providers and independent ISPs provided a much different perspective, focusing instead on incentives to invest (cable) and competition (independent ISPs).

  While the cable and independent ISPs provided most of the substantive debate, the much-anticipated appearance of Open Media garnered the most fireworks. Open Media (and CIPPIC) were told that much of their submission was outside the scope of the proceeding, since it focused on retail UBB and the Commission had already rejected extending the hearing to cover those issues. Instead, it faced questions about its membership, funding, and self-interest as well as shocking questions from new CRTC Commissioner Tom Pentefountas, who asked “I am trying to find out what is undemocratic about the system we have right now ‘allowing a few companies to control the Internet access market would be irresponsible and undemocratic’.” The question came in the context of questions that suggested independent ISPs were tremendously profitable without needing to invest in networks. While many Commissioners have asked informed, tough questions over the first two days of all sides, that line of questioning is precisely the sort that generates public skepticism about the CRTC.

Once Open Media was done, the floor was open to lengthy sessions with both the cable companies (Rogers, Videotron, and Cogeco) and independent ISPs. The cable companies provided a well organized opening presentation that avoided the focus on network congestion (the word congestion was barely mentioned) and instead emphasized the complexity of networks, the differences between cable networks and Bell’s network, and the need for policies to encourage ongoing investment. 

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July 13, 2011 17 comments News

Queen’s, Calgary Latest To Drop Access Copyright Licence

It appears that Queen’s University and the University of Calgary are the latest Canadian universities to announce plans to drop the Access Copyright licence. Queen’s has published a copyright policy document that indicates its current licence with Access Copyright will expire on August 31, 2011, while Calgary announced last week […]

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July 12, 2011 3 comments News

CRTC UBB Hearing, Day One: It’s About Competition, Not Congestion

The CRTC hearing on wholesale usage based billing opened yesterday with Bell leading off in front of a packed room (coverage from the Globe, National Post, Quebecor, and Wire Report).  By the time lunch rolled around, it was clear that claims that usage based billing practices are a response to network congestion is a myth (it was also clear that Bell is happy to peddle fantasies such as claims there is nothing to stop independent ISPs from taking 20% of the Canadian market and that consumers have no problem with UBB). I wrote specifically about UBB and network congestion in this post earlier this year in which I cast doubt on the connection between the two.

Bell opened by focusing specifically on network congestion. Its opening remarks emphasized the existence of network congestion, the contribution to congestion by wholesale ISPs, and that IPTV does not contribute to congestion. It also provided a chart of the Bell Internet network, noting that congestion occurs in the portion of the network that aggregates traffic from both Bell customers and customers from independent ISPs (thereby again confirming that there is no congestion issue in the so-called last mile nor once the traffic hits the backbone network and the public Internet). Bell’s emphasis on network congestion is not surprising since the CRTC approach to network management – both net neutrality (technical Internet traffic management practices) and UBB (economic ITMPs) has been premised on dealing with congestion concerns. If the proposed solutions do not address congestion problems, the rationale behind the regulatory framework falls apart.  Given the lack of robust competition in some Canadian markets, this suggests that the regulator should be playing a far more active role in addressing UBB.

Once the questioning began, the claims associated with congestion quickly unravelled.

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July 12, 2011 55 comments News

The Economic Contribution of Fair Use

The Computer and Communications Industry Association has released a report measuring the economic contribution in the U.S. of the industries that rely on fair use.

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July 12, 2011 3 comments News