Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4

Telecom

G1 Data roaming option by Kai Hendry (CC BY 2.0) https://flic.kr/p/5z8VA3

The Trouble With the TPP, Day 40: Mobile Roaming Promises Unfulfilled

The Trouble with the TPP series has identified several instances where promises about deal’s benefits for consumers prove to be largely illusory upon closer examination of the actual text. These include weak privacy protections, anti-spam standards, and e-commerce rules. The same over-promise and under-deliver TPP approach arises with respect to consumer mobile roaming. The TPP contains a large telecom chapter, which some governments used to promote as a key pro-consumer feature of the agreement. For example, the Australian government claimed:

Australia has successfully advocated for a provision that addresses, for the first time, the high cost of International Mobile Roaming.

The Canadian government used similar language in its TPP summary, stating that the TPP “includes, for the first time in a trade agreement, a dedicated article addressing the high cost of international mobile roaming.”

February 29, 2016 — Comments are Disabled — News

GAMBLING by JulieFaith (CC BY-NC-ND 2.0) https://flic.kr/p/9vjSHP

The Trouble With the TPP, Day 35: Gambling With Provincial Regulation

Last year, the Quebec government introduced legislation that would require Internet service providers to block access to unlicensed online gambling sites. It provides that “an Internet service provider may not give access to an online gambling site whose operation is not authorized under Québec law.” The Quebec bill, which is currently before the provincial legislature, is a terrible idea that has been opposed by ISPs and consumer groups. The government views this initiative as a revenue enhancing measure because it wants to direct gamblers to its own Espacejeux, the Loto-Québec run online gaming site. The mandated blocking legislation is unprecedented in Canada and if enacted, it will surely be subject to legal challenge, including the possibility of a constitutional challenge.

The legal challenge may not be limited to constitutional issues, however. The Quebec bill may also be blocked by the TPP, which may be a good outcome, but raises the question of whether a trade agreement is the right way to dictate provincial laws.

How might the TPP apply to provincial online gambling regulation?

February 22, 2016 — 4 comments — News

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