Post Tagged with: "crtc"

XOKA7253bs by Phuket@photographer.net (CC BY 2.0) https://flic.kr/p/A764kg

Yachts and Helicopters?: Why All Stakeholders Should Be Concerned By Blais’ Blast

CRTC Chair Jean-Pierre Blais traveled to Toronto yesterday to deliver a speech to the Canadian Club on television news in an era of change. The talk laid out his vision for the future of communications policy in Canada and feistily defended recent CRTC decisions for broadcast and the Internet. While there is much to like about Blais’ vision – CRTC skeptics will be surprised by the forward-looking approach – it will be lost in the chair’s unnecessary attacks on the industry’s efforts to slow the pace of regulatory change and use of the appellate process.

Blais’ speech tackles many of the big communications of the moment. He notes the need for more aggressive broadband targets and the real-world impact of leaving even a few percent of Canadians without Internet access. He rightly identifies the benefits of the forthcoming broadcast changes, including pick-and-pay and small cheaper basic packages. He argues that the days of simultaneous substitution are coming to an end (and not just for the Super Bowl), noting “squeezing every last drop of profit out of simultaneous substitution and rented, made-in-America content is no longer sustainable.” He is sensitive to the concerns on local television news, but warns of the dangers of government interference in the industry if independence is lost through direct funding mechanisms.

February 18, 2016 — 4 comments — News

Ottawa City Hall by Lord of the Wings© (CC BY-SA 2.0) https://flic.kr/p/4PJ1QX

City Councils Strike Back in Bell Broadband Battle

The Canadian battle over broadband services has taken an unexpected turn in recent weeks as Bell’s effort to win high profile support for its appeal of a crucial ruling issued by Canada’s telecom regulator appears to have backfired. After support from Toronto Mayor John Tory and Ottawa Mayor Jim Watson for the telecom giant came to light, city councillors in both cities fought back with motions rejecting the mayors’ positions and expressing support for more competitive Internet services.

My weekly technology law column (Toronto Star version, homepage version) notes that the issue started with a July 2015 Canadian Radio-television and Telecommunications Commission decision that extended policy measures designed to support independent Internet providers to emerging fast fibre connections. The ruling meant that Bell would be required to share their infrastructure with independent carriers on a wholesale basis. The policy guarantees Bell a profit on the connections, but also promotes increased competition that should provide consumers with more choice and better pricing.

February 16, 2016 — 3 comments — Columns

Toronto by Adrian Berg (CC BY-NC-ND 2.0) https://flic.kr/p/zcSxdx

Toronto City Council Sides With CRTC in Rejecting Mayor Tory’s Support of Bell Appeal

Last month, I wrote about the battle over the future of broadband in Canada with Toronto Mayor John Tory and Ottawa Mayor Jim Watson writing to the federal cabinet to support a Bell appeal to overturn a CRTC decision designed to foster increased competition for fast fibre Internet services. On the CRTC ruling, I noted that:

The upshot of the ruling was that companies such as Bell would be required to share their infrastructure with other carriers on a wholesale basis. The companies would enjoy a profit on those wholesale connections, but the increased competition would facilitate better services, pricing, and consumer choice. Indeed, the policy approach is similar to the one used for slower DSL broadband connections that has been instrumental in creating a small but active independent ISP community that serves hundreds of thousands of Canadians.

Bell marshalled opposition to the CRTC decision, including letters from Tory and Watson. By contrast, the City of Calgary and its mayor, Naheed Nenshi, filed a lengthy submission supporting the CRTC approach.

February 5, 2016 — 21 comments — News

Protest at the White House for Net Neutrality by Joseph Gruber (CC BY-ND 2.0) https://flic.kr/p/p294TD

The Trouble with the TPP, Day 20: Unenforceable Net Neutrality Rules

One of President Barack Obama’s selling points for the TPP has been claims that it helps preserve “an open and free Internet.” The references to an open and free Internet, which is closely linked to net neutrality, may strike a chord with those concerned with digital issues. However, the Trouble with the TPP is that a close examination of the text and a comparison with existing net neutrality rules in many TPP countries reveals that it doesn’t advance the issue. In fact, the standards are so weak and unenforceable that at least half of the TPP countries already far exceed them.

Article 14.10 of the TPP provides:

Subject to applicable policies, laws and regulations, the Parties recognise the benefits of consumers in their territories having the ability to:
(a) access and use services and applications of a consumer’s choice available on the Internet, subject to reasonable network management;
(b) connect the end-user devices of a consumer’s choice to the Internet, provided that such devices do not harm the network; and
(c) access information on the network management practices of a consumer’s Internet access service supplier.

As a starting point, this is not mandated obligation. The TPP countries merely “recognize” the benefits of some net neutrality provisions. For those countries without net neutrality rules, there is no requirement to implement anything in order to comply with the agreement. In fact, if there was any doubt about the lack of enforceability, the entire provision is prefaced by the reference to “subject to applicable policies, and regulations.” In other words, the provision doesn’t advance anything for countries without net neutrality provisions.

January 29, 2016 — 6 comments — News

Photo by Benoît Meunier (CC BY-SA 2.0) https://flic.kr/p/t1gnsE

The Trouble with the TPP, Day 18: Failure to Protect Canadian Cultural Policy

Culture and the TPP has yet to garner much attention, but that is a mistake. The TPP departs from longstanding Canadian policy by not containing a full cultural exception and creates unprecedented restrictions on policies to support the creation of Canadian content. The Canadian position on trade and culture has been consistent for decades with successive governments requiring a full exemption for the cultural industries. The exemption, which is found in agreements such as NAFTA and CETA, give the government full latitude to implement cultural policies to support the creation of Canadian content.

The TPP’s approach to culture is different from Canada’s other trade agreements. Rather than include an exception chapter or provision, the TPP contains several annexes that identify “non-conforming measures.” This allows countries, including Canada, to list exceptions to specific TPP rules. Without an exception for the cultural industries, the TPP rules banning local presence requirements and national treatment for service providers would place Canadian cultural rules at risk. Annex II includes a Canadian exception for the cultural industries. The exception is promoted in the government’s summary of the TPP, which claims that the agreement:

includes a broad reservation under Services and Investment for existing and future programs and policies with respect to cultural industries that aim to support, directly or indirectly, the creation, development or accessibility of Canadian artistic expression and content. 

That led to media coverage reporting that Canada had obtained a full exception to protect cultural policies. A closer look at the actual text, however, reveals that Canada did not obtain a full cultural exception. Rather, there are two notable exceptions to the general cultural exception, which state:

January 27, 2016 — 10 comments — News