APPLICATION PURSUANT to SECTIONS 24, 24.1, 36, and 70(1)(A) of the TELECOMMUNICATIONS ACT, 1993 to DISABLE ON-LINE ACCESS to PIRACY SITES
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Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them
University of Windsor Scholarship at UWindsor Law Publications Faculty of Law 2007 Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them Noel Semple University of Windsor, Faculty of Law Follow this and additional works at: https://scholar.uwindsor.ca/lawpub Part of the Communications Law Commons, and the Internet Law Commons Recommended Citation Semple, Noel. (2007). Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them. Canadian Journal of Law and Technology, 6 (3), 163-173. https://scholar.uwindsor.ca/lawpub/40 This Article is brought to you for free and open access by the Faculty of Law at Scholarship at UWindsor. It has been accepted for inclusion in Law Publications by an authorized administrator of Scholarship at UWindsor. For more information, please contact [email protected]. Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, and the Bright Line Between Them Noel Semple† Abstract his paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications T Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discrimi- nate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based on aesthetic judgments and profit-seeking discrimination in favour of owned or affiliated content — should be restrained by the CRTC, relying on subsection 27(2) of the Telecommunications Act. -
Regulatory Framework for an Open Internet: the Canadian Approach – the Right Way Forward?
Regulatory Framework for an Open Internet: The Canadian Approach – the Right Way Forward? George N. Addy [email protected] Elisa K. Kearney [email protected] icarus – Fall 2010 Regulatory Framework for an Open Internet: The Canadian Approach – the Right Way Forward? George N. Addy [email protected] Elisa K. Kearney [email protected] Davies Ward Phillips & Vineberg LLP1 Access to the Internet depends on the physical infrastructure over which it operates. Although increasingly becoming a competitive market with the introduction of wireless and satellite technologies for broadband Internet access, in many countries or geographic areas the options available for Internet access may be limited to one or two facilities based carriers and a number of resellers of telecommunications services. For example, in Canada, as in the United States, the “residential broadband market has largely settled into regionalized competition between the incumbent telephone company and local cable provider.”2 The concept of net neutrality embodies the principle that access to the Internet be provided in a neutral manner in that Internet service providers (“ISPs”) do not block, speed up or slow down particular applications or content, and that ISPs do not use infrastructure ownership to favour affiliate offerings, content or applications. Calls for net neutrality regulation are premised on the fear that market competition is insufficient to discipline the 1 George N. Addy is the senior partner leading the Competition and Foreign Investment Review group of Davies Ward Phillips & Vineberg LLP in Toronto, Canada and is also part of the Technology group. Mr. Addy was head of the Canadian Competition Bureau (1993- 1996) and its merger review branch (1989-1993). -
Submission Template
Canada Gazette Part I, 10 March 2012 Telecommunications Act Notice No. DGTP-001-12 Petition of Association des Compagnies de Téléphone du Québec inc. (ACTQ) and Ontario Telecommunications Association (OTA) to His Excellency the Governor in Council dated 3 February 2012 Telecom Regulatory Policy CRTC 2011-291 and/or Telecom Decision CRTC 2011-733 RESPONSE OF TELUS COMMUNICATIONS COMPANY 10 April 2012 TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................................... 1 2.0 THE TELECOMMUNICATIONS POLICY FRAMEWORK....................................................... 3 3.0 THE ACTQ/OTA PETITION ..........................................................................................................10 3.1. THE REGULATORY FRAMEWORK WAS CUSTOMIZED FOR THE SILECS BY THE CRTC AND IS THEREFORE NOT A COOKIE-CUTTER NOR A ONE SIZE FITS ALL APPROACH ................................................................................................................................................14 3.2. THE APOCALYPTIC SCENARIOS DESCRIBED BY ACTQ/OTA ARE PURE FANTASY AND HIDE THEIR IMPRESSIVE DEVELOPMENT AND EXPANSION OVER THE LAST FEW YEARS .........................................................................................................................................................19 4.0 CONCLUSIONS AND RECOMMENDATION .............................................................................27 ii TELUS Response to ACTQ/OTA Petition 1.0 Introduction -
Competition and Price Regulation in the Market for Public Long-Distance Telephone Services
Competition and Price Regulation in the Market for Public Long-Distance Telephone Services Michael H. Ryan' In 1992, the Canadian Radio-television and Telecommu- En 1992, le Conseil de Ia radiodiffusion et des tdecom- nications Commission decided to permit competition in the pro- munications canadiennes a d6cid6 de permettre Ia concurrence vision of public long-distance telephone services. The advent of dans le domaine des services t~l~phoniques interurbains. competition has compelled the Commission to make sweeping L'avnement de cette concurrence a contraint le Conseil Aeffec- changes to the manner in which it regulates the prices charged by tuer des modifications radicales dans sa fagon de r6glementer les the telephone companies and other telecommunications carriers tarifs exigda par les compagnies de tdl~phone et par d'autres under its jurisdiction. transporters en teldcommunications sous sajuridiction. The article begins with a brief overview of the regulatory L'article dbute avec un bref survol du rigime rnglemen- regime as it stood prior to the introduction of competition. The taise en place avant l'introduction de la concurrence. L'auteur author describes the new measures the C.R.T.C. has introduced dderit les nouvelles mesures introduites par le C.RIT.C. afin de to permit the incumbent telephone companies and their rivals in- permettre aux compagnies de t~lphones ainsi qu'A leurs rivales creased flexibility in the pricing of the services they provide to d'augmenter ler flexibilit6 dans la tarification des services the public. qu'elles offrent au public. The author then focuses on the Commission's approach to L'auteur se penche ensuite sur 'approche du Conseil rela- the special issues presented by the pricing of "access". -
DR. MICHAEL A. GEIST A. Education B. Employment C. Publications I
DR. MICHAEL A. GEIST University of Ottawa Law School, Common Law Section 57 Louis Pasteur St. Ottawa, ON, K1N 6N5 (613) 562-5800, x3319 email:[email protected] Web: http://www.michaelgeist.ca A. Education J.S.D., Columbia University, School of Law, 2002 LL.M., Columbia University, School of Law, 1998 LL.M. in Commercial and European Union Law, Wolfson College, University of Cambridge, 1994 Graduate Legal Research Scholar (“Kenkyusei”), Kobe University Faculty of Law, 1992-93 LL.B., Osgoode Hall Law School, York University, 1992 Chinese Law Summer Program, East China Institute of Politics and Law, Shanghai, PRC, 1990 Political Science Major, University of Western Ontario, 1987-89 B. Employment Canada Research Chair in Internet and E-commerce Law, University of Ottawa, Faculty of Law, Common Law Section, 2003 – present (renewed 2008) Visiting Professor, University of Haifa, Faculty of Law, December 2006 – January 2007 Associate Professor, University of Ottawa, Faculty of Law, Common Law Section, 2002 – present Technology Counsel, Osler, Hoskin & Harcourt LLP, 2002 - 2004 Assistant Professor, University of Ottawa, Faculty of Law, Common Law Section, 1998-2002 Acting Director, Ontario Research Network for E-commerce (ORNEC), 2001 - 2002 Director of E-Commerce Law, Goodmans LLP, Toronto, 2000 – 2002 Associate-in-Law, Columbia University, School of Law, 1996-98 Assistant Professor, Dalhousie University, Faculty of Law, 1995-96 Articling Associate, Goodman Phillips & Vineberg, Toronto, Ontario 1994-95 C. Publications I. Books Michael Geist, Our Own Creative Land: Cultural Monopoly and The Trouble With Copyright (The Hart House Lecture 2006), The Hart House Lecture Committee, 2006 (47 pp.) Michael Geist, ed., In the Public Interest: The Future of Canadian Copyright Law, Irwin Law, 2005 (602 pp.) Michael Geist, Internet Law in Canada, 3rd Edition, Captus Press, 2002 (925 pp.) Michael Geist, Internet Law in Canada, 2nd Edition, Captus Press, 2001 (876 pp.) Michael Geist, Internet Law in Canada, Captus Press, 2000 (747 pp.) II. -
Net Neutrality in a Nutshell (Background)
Net Neutrality in a Nutshell: Backgrounder for the BCLA AGM, April 19, 2008 What is “Net Neutrality”? Network (“Net”) Neutrality is “the principle that all information that is sent over the Internet should be treated equally”i This means that: • Internet Service Providers (ISPs, like Telus, Shaw, Rogers or Bell) shouldn’t interfere in web content getting to you • All sites and formats should be treated the same by ISPs • Users are free to go where they want on the Internet, and access whatever information they wish Who is opposed to Net Neutrality, and why? The primary opponents of regulation to require net neutrality are telecommunications and cable companies. They argue that they need the ability to block or filter their networks in order to prevent illegal file sharing, viruses and spam, and congestion due to bandwidth-intensive traffic (such as video streaming). Net neutrality regulation would also prevent ISPs from levying surcharges on users or content providers who want premium (fast or equal) access to their networks. Who supports Net Neutrality, and why? The National Union of Public and General Employees (which represents more than 340,000 workers across the country), the Council of Canadians, the Campaign for Democratic Media, and the Canadian Association of Internet Providers, and the Independent Film and Television Alliance, to name a few. The Standing Committee on Canadian Heritage also raised concerns about non-neutrality’s impact on Canadian heritage, in their recent report.ii Primary arguments for net neutrality are that both the Internet and Canadian Telecommunications Policy rely on the principle of “common carriage” – that public networks shouldn’t discriminate among content. -
Competition and Canadian Wireless Telecommunications
University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies Master of Public Policy Capstone Projects 2013-09 Competition and Canadian Wireless Telecommunications Lo, Justin Lo, Justin. (2013). Competition and Canadian Wireless Telecommunications ( Unpublished master's thesis). University of Calgary, Calgary, AB. http://hdl.handle.net/1880/51617 report Downloaded from PRISM: https://prism.ucalgary.ca MASTER OF PUBLIC POLICY CAPSTONE PROJECT Competition and Canadian Wireless Telecommunications: Evaluating the Government of Canada’s Wireless Policies following the 2008 Wireless Spectrum Auction for Advanced Wireless Services Submitted by: Justin Lo - Approved by Supervisor: Dr. David Bercuson Submitted in fulfillment of the requirements of PPOL 623 and completion of the requirements for the Master of Public Policy degree September 9, 2013 ACKNOWLEDGEMENTS I would like to thank my capstone supervisor, Dr. Bercuson for encouraging me to pursue my interest and providing me the ability to freely explore the topic to its fullest extent. I also thank family and friends who pushed me to pursue my ambitions with enthusiasm. Finally, this effort could not have been possible without the longstanding support and encouragement of my amazing fiancée, Jennifer. 1 EXECUTIVE SUMMARY The following report looks at the Government of Canada’s policies regarding competition in the Canadian wireless telecommunications sector, and the transition of the Government of Canada’s approach in telecommunications from regulation to increased competition. Specifically, this report looks at the impact of Wind Mobile and the other new wireless entrants on Canadian wireless telecommunications since their entry into the market following the 2008 wireless auction for advanced wireless services. -
Review of the Canadian Communications Legislative Framework, Responding to the New Environment: a Call for Comments
Review of the Canadian Communications Legislative Framework, Responding to the New Environment: A Call for Comments Written Submission of the Public Interest Advocacy Centre 11 January 2019 Broadcasting and Telecommunications Legislative Review Panel Review of the Canadian Communications Legislative Framework, Responding to the New Environment: A Call for Comments PIAC Written Submission 11 January 2019 Table of Contents Executive Summary .................................................................................................................... 3 PIAC: Representing the Public Interest in Telecommunications and Broadcasting for over 40 Years .......................................................................................................................................... 4 Telecommunications Act and Radiocommunication Act ............................................................... 5 1. Universal Access and Deployment ...................................................................................... 6 1.1 Are the right legislative tools in place to further the objective of affordable high quality access for all Canadians, including those in rural, remote and Indigenous communities? ..... 6 Writing a USO (universal service obligation) into the Telecommunications Act................. 13 1.2 Given the importance of passive infrastructure for network deployment and the expected growth of 5G wireless, are the right provisions in place for governance of these assets? ........ 14 2. Competition, Innovation, and Affordability -
The “Affordable Access Coalition”
Telecom Notice of Consultation CRTC 2015-134 Phase 1 Intervention of the Affordable Access Coalition 14 July 2015 The “Affordable Access Coalition” Phase 1 Intervention Telecom Notice of Consultation CRTC 2015-134 Review of basic telecommunications services 14 July 2015 Telecom Notice of Consultation CRTC 2015-134 Phase 1 Intervention of the Affordable Access Coalition 14 July 2015 TABLE OF CONTENTS Executive Summary ............................................................................................................ 3 Glossary & List of Abbreviations ..................................................................................... 13 Tables and Figures ........................................................................................................... 14 1. Introduction and key positions ................................................................................... 1 2. Responses to consultation questions ...................................................................... 19 Canadians’ evolving needs for telecommunications service (Q1 – Q2) ........................ 19 The Commission’s role regarding access to basic telecom services (Q3 – Q7)............ 68 Regulatory measures for basic telecommunications services (Q8 – Q13) .................. 114 3. The Need for Ongoing Monitoring .......................................................................... 129 4. Conclusion ............................................................................................................... 131 Appendices: Appendix “A”: -
The Consumer Case for Telecom Reform and Results-Based Regulation
Waiting for the Dream: The Consumer Case for Telecom Reform and Results-Based Regulation By: Michael Janigan Public Interest Advocacy Centre 1204 - ONE Nicholas St. Ottawa, ON K1N 7B7 December 2010 1 Copyright 2010 PIAC Contents may not be commercially reproduced. Any other reproduction with acknowledgment is encouraged. The Public Interest Advocacy Centre (PIAC) Suite 1204 ONE Nicholas Street Ottawa, ON K1N 7B7 Canadian Cataloguing and Publication Data Waiting for the Dream: The Consumer Case for Telecom Reform and Results-Based Regulation ISBN 1-895060-96-6 2 Acknowledgement The Public Interest Advocacy Centre (PIAC) received funding from Industry Canada’s Contributions Program for Non-profit Consumer and Voluntary Organizations. The views expressed in this report are not necessarily those of Industry Canada or of the Government of Canada. The assistance with research and editing of this report provided by Michael DeSantis, Laman Meshadiyeva, Eden Maher, Amy Zhao and Janet Lo is also gratefully acknowledged. 3 Table of Contents Acknowledgement ........................................................................................................................................ 3 Executive Summary ...................................................................................................................................... 5 Summary of Recommendations .................................................................................................................. 10 Introduction ................................................................................................................................................ -
January 11, 2019 Ms. Janet Yale Chair the Broadcasting And
TELUS Floor 8, 215 Slater St. Ottawa, Ontario Canada K1P 0A6 www.telus.com Johanne Senécal (613) 597-8400 Telephone Senior Vice-President (613) 597-8422 Facsimile Government & Regulatory Affairs [email protected] January 11, 2019 Ms. Janet Yale Chair The Broadcasting and Telecommunications Legislative Review Panel c/o Innovation, Science and Economic Development Canada 235 Queen Street, 1st Floor Ottawa, ON K1A 0H5 Dear Ms. Yale: Re: Review of the Canadian Communications Legislative Framework – Submission of TELUS Communications Inc. 1. TELUS Communications Inc. (“TELUS”) is pleased to provide its submission to the Broadcasting and Telecommunications Legislative Review Panel (the “Panel”) in response to the issues raised in the Panel’s call for comments issued on September 25, 2018. 2. We trust that this submission will be of assistance to the Panel in formulating its recommendations to the Government of Canada. 3. TELUS wishes to express its appreciation to the Panel for the opportunity to provide these comments. Yours truly, {Original signed by Johanne Senécal} Johanne Senécal Senior Vice-President Government & Regulatory Affairs AH/io cc. James Nicholson, Executive Director, Broadcasting and Telecommunications Legislative Review Panel Secretariat Attachments Broadcasting and Telecommunications Legislative Review Panel Review of the Canadian Communications Legislative Framework Submission of TELUS Communications Inc. January 11, 2019 TELUS Communications Inc. Review of the Canadian January 11, 2019 Communications Legislative -
Telecommunication Policies in Seventeen Countries
DOCUMENT RESUME ED 258 558 IR 011 713 AUTHOR/ Eward, Ronald S. TITLE Telecommunication Policies in SeventeenCountries: Propocts for Future CompetitiveAccess. INSTITUTION MarTech Strategies, Inc. SPONS AGENCY National Telecommunications andInformation Administration (DOC), Washington,D.C. PUB DATE May 83 CONTRACT NTIA-CR-83-24 NOTE 225p. PUB TYPE Information Analyses (070) Reports - Evaluative /Feasibility (142) EDRS PRICE MF01/PC09 Plus Postage. DESCRIPTORS Competition; Foreign Countries;*Information Networks; Information Services; *International Cooperation; International Relations;Marketing; *Policy; *Telecommunications;Teleconferencing IDENTIFIERS *Data Transmission ABSTRACT This document isa review and study of current and prospective telecommunication policiesin 17 countries with regard to the competitive marketaccess those policies foster or promise. It explores the policies of eachcountry toward information flow that will also have an impacton international competition. The aim of the study is to identify the degree ofcompetitive access allowed U.S. companies in the provision of telecommunicationsand information products and services. The study profileseach of the selected countries with main attention givento the following: (1) organizational structures; (2) servicesstructure and policies; (3) data and telephone services; (4) internationalservices structure and policies; (5 new services; and (6) future competitiveaccess. The 17 countries profiledare Australia, Austria, Belgium, Brazil, Canada, Federal Republic of Germany,France,