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OpenMedia - Ca & CIPPIC's Submission For CRTC 2011-77
OpenMedia - Ca & CIPPIC's Submission For CRTC 2011-77
February 16, 2011
VIA E‐FILE
Mr. Robert A. Morin,
Secretary General
Canadian Radio‐television and
Telecommunications Commission
Ottawa, ON, K1A 0N2
Dear Mr. Morin
Re: Telecom Notice of Consulation CRTC 2011‐77, Review of billing practices for
wholesale residential high‐speed access services
Intent to participate and scope of proceeding
The Samuelson‐Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC), on behalf of
its client, OpenMedia.ca (OM), is writing to indicate its intention to participate in the above‐
noted proceeding.
In addition, CIPPIC is in receipt of letters from the Public Interest Advocacy Centre (PIAC) and
the Canadian Network Operators Consortium (CNOC) expressing concern regarding the overly
narrow scope of the above noted consultation. CIPPIC writes in support of these requests to
broaden the scope of the consultation and to express its view that a more comprehensive
evidentiary record is necessary for a proper determination of the issues before the Commission.
An Interrogatory stage is mandatory, in CIPPIC’s view, to resolving the issues raised by the TNC.
CIPPIC/OM share PIAC’s concerns that the TNC lacks mention of the impact of current billing
practices on customers irrespective of wholesale services. It additionally shares PIAC’s
concerns that the TNC expresses certain assumptions that will be directly at issue in the
consultation itself. Highly questionable, in CIPPIC’s view, are assumptions correlating ‘heavy
Internet use’ directly to ‘excess’ and in particular the assumed correlation between ‘heavy
Internet use’ and provisioning costs.1 This assumption will require, in CIPPIC/OM’s view,
information on the correlation between monthly usage and actual congestion – information
held exclusively by ISPs.
CIPPIC/OM is similarly concerned with the TNC’s presumption that “network upgrades are not
always the most practical solution” to congestion.2 CIPPIC/OM believes a fuller evidentiary
1
TNC CRTC 2011‐77, paras. 7(i), 12(i)(a), and 13(ii).
2
TNC CRTC 2011‐77, para. 6(ii).
University of Ottawa Université d’Ottawa
Faculty of Law Faculté de droit
57 Louis‐Pasteur Ottawa ON. K1N 6N5 Canada
Tel.: 613‐562‐5800 # 2553
cippic@uottawa.ca
www.cippic.ca
record is required if ISPs are to demonstrate that there is congestion on their networks
sufficient to justify the specific economic ITMPs they have put in place. As CIPPIC/OM has
noted before, congestion is a second by second affair that cannot, in its view, be reduced to
monthly usage rates.
CIPPIC/OM is additionally supportive of CNOC’s concerns with respect to the scope of the
proceeding. In CIPPIC’s view, there is not sufficient competition in the current state of affairs to
ensure fair pricing mechanisms, and particularly fair monthly billing practices, in Canada.
CIPPIC/OM respectfully asks for a modified TNC and an expanded proceeding that will allow for
evidence, interrogatories, an online consultation, and a public hearing. If you have any
questions for concerns, please feel free to contact me, as above.
Yours truly,
Tamir Israel
Staff Lawyer
CC (VIA Email only): Interested parties of TNC CRTC 2010‐803
Steve Anderson, OpenMedia.ca
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