Prentice (c/o Correspondence Minister) responds to my email regarding Net Neutrality
Not exactly what I was hoping for, but it was to be expected. Now to work on a letter regarding the budget cuts and the copyright bill. So much for keeping away from the politics of it all.
Dear Ms. Yau:
The Honourable Andrew Telegdi, your Member of Parliament, forwarded to me a copy of your e-mail of April 2, 2008, regarding net neutrality and your concern that Bell Canada is engaged in anti-competitive behaviour by controlling or “shaping” the traffic of independent Internet service providers (ISPs) that provide service through wholesale access to Bell’s digital subscriber line (DSL) network.
As Minister of Industry, I am responsible for the Telecommunications Act, which sets out the objectives of Canadian telecommunications policy. The Canadian Radio-television and Telecommunications Commission (CRTC), an independent public authority, is charged with implementing these objectives in its role as regulator of the telecommunications industry.
Canadian consumers can choose their ISP in a competitive marketplace, where prices are not regulated. Indeed, the competition between telephone and cable networks, as well as satellite, wireless and other players, has ensured that Canadians have a variety of choices, in terms of both price and quality, when selecting an ISP. Provisions in the Telecommunications Act and Competition Act ensure that the competitive marketplace operates effectively.
Under section 27 of the Telecommunications Act, the CRTC has the authority to address issues of unjust discrimination or undue preference in order to ensure that the marketplace operates fairly and effectively. If consumers feel that carriers are engaging in unjust discrimination or undue preference, complaints can be brought to the CRTC, where they are subject to a formal process. The recently created Commissioner for Complaints for Telecommunications Services (www.ccts-cprst.ca) has also strengthened consumer protection with regard to telecommunications, and was established precisely to address consumer complaints on deregulated telecommunications services, such as Internet access.
In addition to the measures available under the Telecommunications Act, the Competition Act carries the power to address anti-competitive behaviour by ISPs, including cases of abuse of dominance and misleading advertising. The Competition Bureau ensures that prices in all sectors of the economy, except those that are regulated, are set by market forces and are not the result of anti-competitive behaviour. Under the abuse of dominance provisions in the Competition Act, it is illegal for a dominant firm to engage in the practice of anti-competitive acts resulting in a substantial lessening of competition, including disciplining or targeting competitors in order to raise prices or reduce customer choice.
As you may know, the Canadian Association of Internet Providers (CAIP) has filed a complaint with the CRTC regarding Bell’s traffic management practices. While I cannot comment on specific matters before the CRTC, please note that the Commission regulates wholesale access by independent ISPs to high-speed Internet access services from both telephone and cable companies. Under the CRTC’s regulatory framework for wholesale services, Bell is required to provide access to its DSL network to independent ISPs at regulated rates and terms of service. If the CRTC finds Bell or any other network operator to be in violation of these terms or otherwise engaging in unjust discrimination or undue preference, the CRTC has the power to address these issues under the Telecommunications Act.
Access to the Internet is a key issue for Canadians. Industry Canada is monitoring domestic and international developments to ensure that our legislative and regulatory frameworks remain effective. Should you believe carriers are engaging in unjust discrimination and undue preference, I encourage you to contact the CRTC at 1-877-249-2782 or by e-mail at info@crtc.gc.ca. Please note that, on May 15, 2008, the CRTC set out a process to address the issues raised in CAIP’s above-noted application. Further details regarding this application and the CRTC’s recently announced process to look into the matter can be found on its website at www.crtc.gc.ca.
Once again, thank you for taking the time to write, and I trust that you will find this information helpful.
Sincerely,
The Honourable Jim Prentice, P.C., Q.C., M.P.
Tags: government, net neutrality, politics, prenticeRelated posts
By Julianna Yau
On August 21, 2008
At 7:11 pm
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