Archive for July, 2011

CRTC UBB Hearing, Day One: It’s About Competition, Not Congestion

The CRTC hearing on wholesale usage based billing opened yesterday with Bell leading off in front of a packed room (coverage from the Globe, National Post, Quebecor, and Wire Report).  By the time lunch rolled around, it was clear that claims that usage based billing practices are a response to network congestion is a myth (it was also clear that Bell is happy to peddle fantasies such as claims there is nothing to stop independent ISPs from taking 20% of the Canadian market and that consumers have no problem with UBB). I wrote specifically about UBB and network congestion in this post earlier this year in which I cast doubt on the connection between the two.

Bell opened by focusing specifically on network congestion. Its opening remarks emphasized the existence of network congestion, the contribution to congestion by wholesale ISPs, and that IPTV does not contribute to congestion. It also provided a chart of the Bell Internet network, noting that congestion occurs in the portion of the network that aggregates traffic from both Bell customers and customers from independent ISPs (thereby again confirming that there is no congestion issue in the so-called last mile nor once the traffic hits the backbone network and the public Internet). Bell’s emphasis on network congestion is not surprising since the CRTC approach to network management – both net neutrality (technical Internet traffic management practices) and UBB (economic ITMPs) has been premised on dealing with congestion concerns. If the proposed solutions do not address congestion problems, the rationale behind the regulatory framework falls apart.  Given the lack of robust competition in some Canadian markets, this suggests that the regulator should be playing a far more active role in addressing UBB.

Once the questioning began, the claims associated with congestion quickly unravelled.

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July 12, 2011 55 comments News

The Economic Contribution of Fair Use

The Computer and Communications Industry Association has released a report measuring the economic contribution in the U.S. of the industries that rely on fair use.

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July 12, 2011 3 comments News

Why Net Neutrality and Usage Based Billing Are Two Sides of the Same Coin

The CRTC hearing on usage based billing opens this morning with two of the big players – Bell and Open Media – both slated to appear. Since the CRTC refused to extend the hearing to retail usage based billing issues, I suspect the outcome will be anti-climatic. There may be some new rules for wholesale UBB (which will only serve to demonstrate how badly the CRTC has bungled this issue), but the broader data cap issues will remain unchanged for now.

The UBB hearing comes immediately on the heels of my report last week on two years of failed enforcement of the net neutrality guidelines, known as Internet Traffic Management practices. My report has received wide media coverage (Montreal Gazette, CBC, Wire Report, GeekTown) as well as responses from both the NDP and Liberal parties. While net neutrality and UBB are ostensibly separate issues, it is important to recognize the clear linkage between them. As the title of this post suggest, they are two sides of the same coin. 

The numerous violations of net neutrality (and make no mistake, over one complaint per month when the burden is exclusively on the shoulders of individual Canadians is significant) and the near-universal use of UBB are both a function of the lack of competition within the Canadian market and the inability (or unwillingness) of the CRTC to play a more proactive regulatory function in the absence of robust competition. For the dominant ISPs, they jointly provide the means to erect barriers to competitive services by rendering such services either unusable (throttling speeds) or more costly (data caps).

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July 11, 2011 12 comments News

Government Releases Anti-Spam Law Regulations

Following on the CRTC’s release of its draft anti-spam regulations, Industry Canada has posted its anti-spam regulations. The regulations cover the scope of personal and family relationship within the Act and the conditions for use of consent. There is a 60 day window for comment.

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July 11, 2011 2 comments News

CRIA Re-Brands Itself: Now MusicCanada.com

The Canadian Recording Industry Association has changed its name to Music Canada. Howard Knopf provides his view and context for the organization.

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July 11, 2011 3 comments News