Post Tagged with: "bell"

Spectrum Lobbying Begins: Bell, Telus, Rogers Say They Overpaid Last Time

The lobbying over the next spectrum auction appears to have begun, with Rogers, Bell and Telus claiming that they overpaid last time due to the government's decision to create a set-aside for new entrants.  The incumbent carriers express doubt that the Canadian market can support more than three big players.

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June 24, 2009 8 comments News

Bell Calls for “Spectrum Fee Holiday”

The Toronto Star reports that Bell has written to Industry Canada asking for a "spectrum fee holiday" that would suspend the millions of dollars the company pays in licensing fees for wireless spectrum.  Bell said it was "too early to say what impact a change in government policy would have […]

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June 12, 2009 4 comments News

CAIP Calls on CRTC To Reverse Bell Throttling Decision

The Canadian Association of Internet Providers has filed an application with the CRTC that calls on the Commission to rescind its November 2008 Bell throttling decision.  The application alleges multiple errors of fact and law in the decision and points specifically to the CRTC's lack of a full understanding of the issues raised in the proceeding.  CAIP argues that the CRTC specifically launched the larger net neutrality proceeding this summer in order to gain that fuller understanding, but argues that:

A broader proceeding in order to understand the complex issues raised in the CAIP application is a perfectly acceptable and responsible means of developing a thoughtful policy approach and decision on network management.  What is entirely unfair and unacceptable, however, is the fact that the Commission rendered Decision 2008-108 without the benefit of a comprehensive understanding of the factual, legal and policy issues at play.  In particular, if the Commission did not believe that it had an adequate evidentiary record or did not have a full understanding of the factual and legal issues raised by Bell's throttling of wholesale GAS services to be able to determine in an unqualified and final manner the issues raised in the CAIP proceeding, then it was procedurally unfair for the Commission to have rendered a decision on CAIP's application.

Moreover, CAIP highlights a concern raised by many in the net neutrality world – that the CRTC has already decided many of the bigger issues even before the July hearings begin.  CAIP notes that:

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May 21, 2009 7 comments News

The Untold Story of Do-Not-Call Enforcement (aka Why Killing Do-Not-Call Can’t Come Fast Enough)

Earlier today, I posted on how one of the most significant aspects the anti-spam bill introduced on Friday was not reported or discussed in government briefing materials.  Namely, that buried at the very end of the 69-page bill, are provisions that lay the groundwork to kill the National Do-Not-Call list.  I noted that the proposed approach is very complicated, but boils down to the government repealing the provisions that establish and govern the do-not-call list.  In its place, the Electronic Commerce Protection Act approach of requiring an opt-in would apply, meaning that Canadians would no longer need to register their phone numbers on a do-not-call list.

My weekly technology law column (homepage version, Ottawa Citizen version, Toronto Star version) provides some reasons why that the change cannot come fast enough.  The column reports that while misuse of the do-not-call list remains a concern, a review of thousands of pages of internal government documents released under the Access to Information Act reveal that it is only the tip of the iceberg.  In addition to lax list distribution policies, the enforcement side of the do-not-call list raises serious alarm bells with the majority of complaints being dismissed as invalid without CRTC investigation, the appearance of a conflict of interest in sorting through complaints, and a regulator that has been content to issue to "warnings" rather than levying the tough penalties contained in the law.

The CRTC documents obtained under Access to Information include a list of companies that have downloaded the do-not-call list. Given the broad exceptions under the law, virtually no charities, survey companies, political parties, or newspapers have acquired it.  Instead, real estate agents, car dealers, financial advisors, and lawn care companies dominate the list of over one thousand organizations.  Many of those organizations are identifiable, yet there are also over a hundred provincial numbered companies for which little is known, as well as cryptic names such as “My broker office” or “Michele.” It is unclear whether the CRTC invoked further verification before granting access to unknown organizations.

The proliferation of the do-not-call list is certainly disconcerting, but picture that emerges about its enforcement is even more troubling.  The documents reveal that the CRTC receives over 20,000 telemarketing complaints each month, many involving the do-not-call list (some complaints may relate to other telecommunications rules that cover automated dialers or curfews). 

The initial evaluation of complaints is handled by Bell, which manages the do-not-call list, rather than the CRTC. Bell reviews each complaint and provides a prima facie evaluation of whether it is valid, invalid, or indeterminate (which require further investigation). Despite tens of thousands of complaints, very few have been categorized by Bell as a prima facie violation of the do-not-call list.  For example, in January, Bell reported that there were only 42 valid prima facie national do-not-call violations, while 3,033 national do-not-call complaints were ruled invalid (an unknown number of do-not-call complaints were treated as indeterminate). 

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April 27, 2009 11 comments Columns

Canadian Privacy Rights Buried in the Fine Print

Appeared in the Toronto Star on March 16, 2009 as Canadian Privacy Rights Buried in the Fine Print Scott McNealy, the former CEO of Sun Microsystems, has achieved considerable notoriety for having warned Internet users ten years ago that "you have no privacy, get over it." Recent headlines suggest that […]

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March 16, 2009 Comments are Disabled Columns Archive