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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This morning, the CRTC issued its much-anticipated ruling in the CAIP v. Bell case, the first major case to test the legality of Internet throttling.  The Commission denied CAIP's application, ruling that Bell treated all of its customers (retail and wholesale) in the same throttled manner.  This points to the […]

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