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Canada Government The Internet

Smaller Internet Providers In Canada Just Got A Big Win In Court (itworldcanada.com) 27

Pig Hogger (Slashdot reader #10,379) writes: In August 2019, Canadian telecom regulator CRTC ruled that ISPs must lower their wholesale rates (for other independant ISPs) retroactively to March 2016. Big telecoms (Bell, Rogers, Cogeco, Videotron, Shaw & Eastlink) appealed, which suspended the rate decrease immediately.

Now, a year later, the Canadian Federal Court of Appeals ruled that the CRTC decision stands, and that they must also pay the legal fees paid by the independent ISPs. For now, the big ISPs have 30 days to appeal to the Supreme Court of Canada.

The Huffington Post reports: "This is a massive win for Canadians," said Matt Stein, chair of the Canadian Network Operators Consortium (CNOC) and CEO of Distributel, one of about 30 CNOC members. He said that the court's decision ends a "pivotal chapter" in a fight that challenged "Canada's longstanding practice of appropriate oversight to ensure fair pricing and competition."

The court's 3-0 ruling concluded by saying the award of costs to TekSavvy and CNOC reflects the fact that the appellants were not successful in convincing the three judges on any of the issues they raised.

IT World reports: The respondents, consisting of the independent ISPs, said the appeal should be dismissed as it had nothing to do with law or jurisdiction and simply advanced a tax argument. "It seemed very clear right off the bat that they were not raising legal or jurisdictional grounds," said Andy Kaplan-Myrth, vice-president of regulatory affairs at TekSavvy. "All of their grounds for appeal were really factual matters or policy matters, and they were dressed up as legal or jurisdictional issues that they could argue to the Court...."

Although the stay has been lifted, the new wholesale rates are not yet instated. However, independent ISPs have renewed confidence that the new rates will come into effect soon.

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Smaller Internet Providers In Canada Just Got A Big Win In Court

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  • by ZombieCatInABox ( 5665338 ) on Sunday September 13, 2020 @03:42PM (#60502574)

    Of course, they will appeal immediatly, because as soon as the appeal is entered, the rates lowering is suspended again, just like last time.

    And even if this drags on for years, during this time they will have the rates they want, they hope that some of the little players that are suing will go tits up, and finally, the legal costs they face, even if ordered by the supreme court to once again pay the legal fees of independent ISPs, it will still be insignificant compared to what they stand to lose.

    • by ShanghaiBill ( 739463 ) on Sunday September 13, 2020 @04:16PM (#60502648)

      as soon as the appeal is entered, the rates lowering is suspended again

      A suspension is not automatic. A suspension will be granted only if the appellant can show that they are likely to prevail. After two consecutive smackdowns, they will have difficulty doing that.

    • by Kernel Kurtz ( 182424 ) on Sunday September 13, 2020 @04:24PM (#60502674)

      Of course, they will appeal immediatly, because as soon as the appeal is entered, the rates lowering is suspended again, just like last time.

      And even if this drags on for years, during this time they will have the rates they want, they hope that some of the little players that are suing will go tits up, and finally, the legal costs they face, even if ordered by the supreme court to once again pay the legal fees of independent ISPs, it will still be insignificant compared to what they stand to lose.

      The SCC is the end of the line. If (when) they lose there, that retroactive refund is going to come due. They can kick it down the line one more time, but the bill is still going to continue to grow regardless. Right now they only owe for 4 years. By then they may owe for 8. The SCC might order them to pay interest too (it is unclear if that is the case in this ruling).

    • by JMJimmy ( 2036122 ) on Sunday September 13, 2020 @04:50PM (#60502718)

      They will not appeal. The court case was a delay tactic to give them time to lobby the government, which they did successfully.

      https://www.canada.ca/en/innov... [canada.ca]

      Everything now rests in the hands of the CRTC, which has gone back to review the decision, but now with this order-in-council which they must include in their decision making process.

    • by Sebby ( 238625 )
      If the appeals are basically baseless, couldn't they end up being sued for those appeals (I mean, it takes up public money for courts to handle these "appeals").
  • by nuckfuts ( 690967 ) on Sunday September 13, 2020 @05:25PM (#60502802)

    As a former customer of TekSavvy, I was appreciative that Telus was mandated (by the CRTC) to provide wholesale access to their phone lines by smaller ISPs. I was able to get a MUCH better deal for ADSL service, plus static IP addresses, and no cap on how much data I was allowed to download each month.

    However, my bandwidth needs exceed what ADSL can provide (on uploads in particular), and TekSavvy does not provide the fibre optic service I was looking for. I believe this is because the CRTC mandate only requires Telus to resell their copper lines, not their fibre. I'm hoping the regulations will be updated in the near future to also include wholesale access to fibre.

    • CRTC mandated access to fibre some time ago. The problem has been the wholesale rates are so high it makes it financial suicide to offer higher speeds. The recent $10 increase across the board has allowed them to start offering 1Gbps/30Mbps speeds for $115... unfortunately it will cost them ~$3200 to provide it

      • by green1 ( 322787 )

        CRTC for some unknown reason only mandated access to fibre in eastern Canada, not the west. At this time Bell must resell their fibre to competitors, but Telus does not have to do the same. Now this is expected to change and become more equal in the future, but that's not the case at this time.

        That said, the requirements are also different, for adsl they have to allow access to everything, including the dslam and upstream connections. For fibre only the actual fibre must be provided access to. It is up to t

        • by JMJimmy ( 2036122 ) on Sunday September 13, 2020 @06:48PM (#60503006)

          It's mandated in the West as well. It's merely being implemented in Ontario and Quebec first due to higher demand. (see CRTC 2020-187)

          • by green1 ( 322787 )

            You may want to re-read that CRTC notice that you reference. It specifically states that it's not mandated in the west at this time, and requests comments on the idea of mandating it in the future., It also specifically states that comments from the incumbents show that it's unlikely to be done on the originally proposed schedule, or as completely as in the east.

            • It does not specifically state that.

              It says:

              By letter dated 6 July 2018, the Commission requested that other wholesale HSA service providers, namely Bell MTS Inc. (Bell MTS); Bragg Communications Incorporated, carrying on business as Eastlink (Eastlink); Saskatchewan Telecommunications (SaskTel); Shaw Cablesystems G.P. (Shaw); and TELUS Communications Inc. (TCI) submit proposed configurations, along with supporting rationale, for their disaggregated wholesale HSA services in their respective serving territories. Bell Canada and RCCI were also asked to submit proposed configurations for the services in their respective serving territories outside Ontario and Quebec (hereafter, the follow-up proceeding).

              So originally, in 2016, they only asked Ontario/Quebec based companies, but in 2018 they followed through with everyone else.

              The Commission considers that, by establishing disaggregated wholesale HSA service configurations with the appropriate level of disaggregation for all wholesale HSA service providers in all regions across Canada, mandated access to fibre would begin for all wholesale HSA service providers, thereby making higher speeds accessible to competitors on both cable and telephone company networks.

              • Again, your own link disagrees with you. It specifically states that this is a proposal, not an existing policy, and is a request for comment on that proposal. It says the order "would" mandate it, not "has" mandated it. They also specify that due to pushback from the providers it hasn't happened and has been delayed, and even that it likely won't happen in its original form.

                • Again, it does not state that.

                  First paragraph:

                  In an effort to facilitate the deployment of disaggregated wholesale high-speed access (HSA) services, the Commission is issuing this notice of consultation to address the appropriate network and service configurations for the disaggregated wholesale HSA service regime for all wholesale HSA service providers across the country, including the option of a modified level of disaggregation on the networks of Bell Canada, Cogeco, RCCI, and Videotron.

                  ie: the mandate has been given, now it's about figuring out how to deploy the disaggregated model. There is some disagreement about how to do it but it's already being implemented: https://imgbox.com/6knJvyoU [imgbox.com]

  • CRTC (Score:4, Funny)

    by Citizen of Earth ( 569446 ) on Sunday September 13, 2020 @08:33PM (#60503194)
    CRTC = Canadian Roadblock to Telecommunications Competition.
  • I suspect our somewhat corrupt and incompetent government, which is in the pockets of Bell, Rogers and Telus, will force the CRTC to change its ruling. Plus Ãa change, plus c'est la mÃme chose.
  • More importantly, does this mean Columbia Internet is saved, and User Friendly will produce again?

    hmm . . . :)

    hawk

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