Last year, when Bell’s purchase of CTV was undergoing regulatory approval, the company went out of its way to emphasize its support for the struggling local channels it was acquiring as part of the deal. At a CRTC hearing on the issue in February 2011, company officials stated: the ‘A’ […]
Post Tagged with: "bell"
CRTC’s Net Neutrality Rules in Action: Bell To Drop P2P Traffic Shaping
Bell advised the CRTC yesterday that it plans to drop all peer-to-peer traffic shaping (often called throttling) as of March 1, 2012. While the decision has been described as surprising or as quid pro quo for the usage based billing ruling, I think it is neither of those. The writing […]
Undue Intervention: Why the CRTC Got It Wrong on Exclusive Content
The CRTC analysis involves a two-step process. First, it considers whether an undertaking has given itself a preference or subjected another person to a disadvantage. If it finds a preference, it moves to a second step to determine whether the preference is undue. Note that the burden of demonstrating that the preference was not undue rests with the undertaking that has granted it.
In this case, the Commission found that Bell granted itself a preference by entering into an exclusive contract for NHL and NFL programming. Note that the NFL programming is not something that Bell produces or otherwise owns. There is also no indication that the Bell’s wireless access to the NFL is linked to similar licenses for its broadcasting properties (Bell says the NFL deal was concluded before its purchase of CTV). If this constitutes a preference, then any exclusive contract will seemingly rise to the level of a preference and the party that enters into it may be faced with the burden of demonstrating that it is not an undue preference (which appears to be precisely what the Commission has in mind).
Do Bell’s Throttling Practices Violate CRTC Net Neutrality Rules?: It Says P2P Congestion Declining
Earlier this week, Bell wrote to its wholesale ISP customers to let them know that it is shifting away from throttling practices that have been in place for several years. The letter states: Effective November 2011, new links implemented by Bell to augment our DSL network may not be subject […]
Telecom Giants Lure Ex-Cabinet Ministers to their Boardrooms
The political shift toward consumer-focused telecom concerns has unsurprisingly attracted the attention of the large incumbent telecom providers such as Bell and Telus, who have found their regulatory plans stymied by political intervention and the admission by some Canadian Radio-television and Telecommunications Commission commissioners that the current policy environment has failed to foster sufficient competition.
My weekly technology law column (Toronto Star version, homepage version) notes the incumbent telecom providers recently served notice that they are gearing up to fight back, with Bell adding former Industry Minister Jim Prentice to its board of directors and Telus doing the same with former Public Safety Minister and Treasury Board President Stockwell Day. The addition of two prominent, recently departed Conservative cabinet ministers makes it clear that Bell and Telus recognize the increasing politicization of telecom policy.
Recent Posts
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 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
