Zero rating is probably pretty popular with end users and puts net neutrality advocates in a difficult position. It is an astute political move. The EU allowing zero ratings exceptions because it is popular. - R. ________________________________ From: Jean-Francois Mezei <jfmezei_nanog@vaxination.ca> Sent: Sunday, October 30, 2016 9:19 PM To: Rod Beck; Nanog@nanog.org Subject: Re: Net Neutrality in Canada On 2016-10-30 14:20, Rod Beck wrote:
Hi Jean,
What is the status of net neutrality in Canada?
The Telecom Act has had a clasue against undue preference/discrimination, as well as a "cannot control content", but both have loopholes. (27(2) , a carrier can argue a preference/discrimination is not "undue", and for 36 (control of content), exemptions can be granted by CRTC. The 2009 ITMP framework was more about throttling and treating packets differently. In 2010, the CRTC decided to include wireless services into the ITMP framework, treating them as ISPs. But since then, incumbents have begun to zero rate stuff and there were 2 challenges. In 2013 (decided in 2015), Bell Canada was challenged for zero rating its own TV service on its own wireless service. CRTC decided Bell couldn't do that, but Bell went to Federal Court of Appeal, arguing its MobileTV offering was covered under the Broadcasting Act and not Telecom. Federal Court sided with CRTC, confirming that the content may have been Broadcasting but it was delivered over telecom. Despite this, Vidéotron launched Zero Rating for music in August 2015, and instead of deciding on this the same way it did for Bell, the CRTC decided to launch a wider public consultation on whether zero rating should be allowed or not. The hearing that will happen this week is a continuation of a process which saw 2 rounds of submissions as well as 2 interrogatories and included the record of the Vidéotron process from 2015. In a couple of weeks we have final replies and CRTC will take 4-6 months to rule on matter. Competition Bureau basically says that zero rating is OK unless the contrent being zero rated is owned by the ISP's organisation. Consumer groups state it isn't OK, and incumbents state it is OK and that there should simply be individual challenges whenc onsumers feel one package abuses 27(2) or 36. As side note: Telus hires Eisenach lobbyist to write pro-incumbent reports. He was also hired by the Trump campaign. Not sure if he will appear this week.