Canada’s offer to the Europeans in the Canada-EU Trade Agreement negotiations on several key areas leaked yesterday. The documents reveal that Canada wants both telecom foreign ownership and cultural protections kept out the agreement.

Telecom by yum9me (CC BY-NC-ND 2.0) https://flic.kr/p/53jSy4
Telecom
CRTC Investigation Finds Rogers Violated Net Neutrality Rules
The CRTC has written to Rogers Communications to advise that its investigation has concluded that the company violated the Internet traffic management rules (better known as net neutrality rules). The letter notes: Based on the preliminary results of our ongoing investigation, Commission staff is of the belief that Rogers Communications […]
Competition, Not Cost, the Real Story Behind TekSavvy’s Pricing Changes
The TekSavvy plans offer both cable and DSL services at different price points, speeds, and usage rates. For example, its fastest cable service offers 24 Mbps with 300 GB per month for $46.95 or an unlimited amount of data for $61.95. The DSL service offers even greater variety with higher price points for its fastest service and a very basic, cheap service of 3 Mbps with a 25 GB cap for $24.95 per month. The DSL service also introduces off-peak usage for the 300 GB plan with usage during off-peak periods not counting against the usage cap.
These plans are far superior to those offered by Rogers or Bell. The most comparable Rogers plan offers the same speed (24 Mbps) but imposes a 100 GB cap for $60/month. In other words, same speed, same price but 100 GB vs. unlimited data. The Rogers basic lite plan of 3 Mbps has a 15 GB cap for $35.95 per month (less data and significantly higher price). The Bell pricing is similar – its 25 Mbps service is $59.95/month ($27.48 for the first 12 months to get customers to switch) but comes with 100 GB cap. Its basic service costs $33.95 per month for 2 Mbps and just 2 GB of data.
Meanwhile, Montreal-based ISP Electronic Box has also announced new rates in Quebec that feature similar differences between cable (cheaper) and DSL services. In fact, the Electronic Box pricing is coming down for its cable package as consumers will be able to purchase a 60 Mbps service with a 250 GB cap for $54.95. The same speed service previously came with a 150 GB cap priced at $79.95. The DSL pricing is going up but the ISP also offers an off-peak plan that does not count against the cap and is longer than TekSavvy’s as it runs from 2:00 am until noon (TekSavvy until 8:00 am). By comparison, Videotron charges $82.95 for its 60 Mbps service with a 150 GB cap.
So what is the real story here?
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).