Rebooting basic services: hope for policy reform? (2)

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New ideas for policy reform from Bell

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Update on other reactions to Turcke/Bell (1:10pm): Pete Nowak has his own biting critique in yesterday’s post – If VPN use is theft, then Bell’s CraveTV is extortion. And over at OpenMedia.ca, Josh Tabish has stirred up some really unfriendly reactions on Facebook about the whole fiasco – 181 315 and counting. (When I showed the FP article to my teenage daughter, her eye-rolling reaction was, OMG, as if using a VPN is hacking.)

As I suggested in my last post, some of the conclusions reached at the Rebooting conference will be echoed in the current CRTC proceeding on basic service objectivesDespite all the compelling reasons for reform, however, numerous barriers stand in the way. Some of those discussed at the conference will certainly play a continuing role in the broadband proceeding…

1 – No political will or vision. Short of improbable legislative change, we need something the Harper government is incapable of formulating: a national digital strategy. The CRTC suggested the need for a national strategy six years ago in its new media decision (2009-329, para 78). What we got from the Tories instead was a lousy marketing brochure. Even the opposition parties seem to regard our broadband future as unworthy of serious attention. Continue reading

CRTC’s code of conduct for TV providers: too little, too late?

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The CRTC is moving ahead with its Code of Conduct for TV service providers (TVSPs). The Code was initially announced on March 26, as a by-product of the Let’s Talk TV proceeding (Broadcasting Notice of Consultation CRTC 2015-105). Now, in its best populist spirit, the Commission is asking for public comment on its TV Code:

“Canadians sent us a strong message that they were encountering problems with their television service providers. The CRTC is acting on these comments and has prepared a draft version of a TV Code that reflects what Canadians told us. I invite them to take an active part in the discussions. Now is the time to shape your TV Code.”–CRTC Chair JP Blais, May 12, 2015 (emphasis original)

Less consulting, more research

The Commission may have the substance right, but it has the timing and execution all wrong. The idea that TVSPs provide lousy service isn’t exactly new. Much of the evidence has been anecdotal. A public consultation, however, will not make up for that shortcoming. Worse still, the idea of holding this public consultation arose from the earlier public consultation that was part of Let’s Talk TV. They’re breeding. Continue reading

Cancon redux: Canada’s TV “system” battles the Internet

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“Somebody called me a protectionist this week. I’ve been called far worse, but the term rankled because I had not argued that Canadian television should be protected from foreign competition.”

Kate Taylor, Jan 18: A contemporary argument for Canadian content

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The ball’s in somebody’s court and needs to be lobbed back.

Let’s start with who or what is protectionist. The only such reference I made was to the policy regime we’ve had in Canada since the 1970s:

“Bell and Rogers (plus Shaw and QMI) have made fabulous amounts of money thanks to the vast protectionist apparatus they’ve enjoyed for decades.”

While life may be tougher now, it would be hard to argue that our broadcasters aren’t still benefitting from protectionism: foreign ownership restrictions, simultaneous substitution and restriction of US satellite signals to the approved list are three current examples. Simsub is also a good example of a policy designed to help our TV business rather than TV viewers, who hate it – as in, where are the Super Bowl ads? Continue reading

It’s 2015: Cancon is the aberration, not VPNs or the Internet

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WiTopia is a provider of personal VPN services

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In a Globe and Mail piece last Friday, Kate Taylor starts off by asking the wrong question: Digital content may be cheap, but who will pay to create it? Things go downhill from there.

Ms Taylor’s old-fashioned apology for Cancon, with its predictable sideswipes at “freeriding” Netflix and marauding pirates, is based on ideology rather than evidence. It completely misconstrues the role of security tools like VPNs, at a time when Canadians should be far more concerned about their privacy and security online than about shelf space on the network for domestic TV shows. Most of all, it treats the Internet like a cultural and economic aberration that’s ruining our TV system, when the aberration is Canada’s bizarre and unworkable framework for broadcasting.

Virtual private networks and why you need one

What the article says about VPNs:

“The latest scheme is to use a virtual private network, or VPN, to trick Netflix into believing you are located in the United States and can thus subscribe to the video-streaming service’s American catalogue….

Internet advocates love to preach choice, diversity and freedom – after all, a VPN can also be used by citizens in China to access content censored by their government.”

A VPN is specialized client software that encrypts online messages, and is said metaphorically to “tunnel” through the public Internet. It’s a “virtual” network because there’s no real tunnel or separate physical network. Your data packets are still co-mingling with other people’s packets, but only you and folks with the authentication tools – like a password – can read those packets. The VPN is said to be private for exactly that reason, like an office behind a locked door. Continue reading

Now playing at the CRTC: your precarious future on the Internet

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If the Competition Bureau is too short of “facts” on Canadian broadband to advise regulation, as it told the CRTC, here’s a start (source: Open Technology Institute).

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THIS week’s CRTC hearing, launched in October 2013, will cover the changing market in Canada for wholesale wireline telecommunications services, including Internet access. The Commission is hearing arguments as to whether any of its existing policies on wireline services should be eliminated or updated. The biggest bone of contention will involve the treatment of fiberoptic delivery platforms. New entrant ISPs want the Commission to guarantee wholesale access to these next-generation platforms. Deciding in their favor would be an important barometer of the health of Canadian broadband, but that goal is far from a sure thing. Meanwhile, recent data on broadband in 24 cities around the globe, compiled by the Open Technology Institute (OTI), shows once again how terrible the prices and speeds are here in Toronto.

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In my previous post on Barack Obama’s stunning pronouncement on open Internet policy, I misrepresented what the CRTC is up to these days. I claimed the CRTC is fiddling over the fate of broadcast television with few signs it’s prepared to address the much more important problems of broadband availability, high prices, slow speeds and unaccountable service.”

Not exactly. First, the CRTC recently finished a proceeding on the wholesale market for mobile wireless services. Second, this week features the hearings phase of a proceeding launched in the fall of 2013 that tackles many of the same policy problems on the wireline side. While the scope is all wholesale telecomm services, what really counts here is the Internet access market.

Thanks to the usual tumultuous changes in technology, markets and business models, the Commission has set itself an obscure but potentially far-reaching task (Telecom Notice of Consultation CRTC 2013-551, pdf uploaded here):

“The Commission initiates a proceeding to review the regulatory status of wholesale services and their associated policies, including the wholesale services framework, wholesale service pricing, and the appropriateness of mandating new wholesale services, including fibre-to-the-premises facilities. The purpose of wholesale services is to facilitate competition in retail markets to provide Canadians with increased choice.”

Why the CRTC regulates wholesale Internet access

It may not be clear as to why wholesale services should exist to make retail markets competitive. (Ironically, one of the least convincing arguments made by the incumbents during the wholesale wireless proceeding was that the wholesale arrangements they make with the smaller carriers like Wind have no effect on the health of the retail market for wireless.) Continue reading

The Netflix boogeyman and a 21st-century role for the CRTC

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“Though some intervenors think this proceeding is all about Netflix, it’s not.” –Corie Wright of Netflix

“If the Commission fails to act swiftly after this proceeding, a service such as Netflix will become … one of the largest broadcasters in this country in the near future.” –Pierre Dion, CEO, Quebecor

“Canadian consumers can rest assured that our government will continue to stand up for them. We will not allow any moves to impose new regulations and taxes on Internet video that would create a Netflix and YouTube tax.” –Shelly Glover, Minister of Canadian Heritage

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The thesis: Netflix has handed the CRTC a new lease on life

CRTC ordered Netflix to share its highly sensitive Canadian customer data. Netflix demurred (“stonewalled” by some accounts). The Commission has responded by making Netflix disappear from the history books, expunging its official testimony. Does that mean, as we read recently, that “It’s over, CRTC, Netflix and globalization have won”? Continue reading

Klass complaint to CRTC on Bell’s Mobile TV winds up – for now

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Subject: Part 1 application by Benjamin Klass requesting the fair treatment of Internet services by Bell Mobility (Klass application) and Part 1 Applications by CAC-COSCO-PIAC regarding Rogers’ Anyplace TV service and Vidéotron’s Illico.tv Service (CRTC files 8622-B92 201316646, 8622-P8-201400142 and 8622-P8-201400134). 

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Yesterday was the deadline for final reply comments on the Part 1 Application filed last November by Ben Klass. I wrote several posts on Ben’s initiative, starting with this one on November 24, 2013. My second and final submission is pasted in below (with a few copy edits; paragraph numbers remain).

The case brought by Ben is a good opportunity for the Commission to see how its ex-post regime for handling ISP and WSP misdeeds is working. Thus, while I hope the Commission gives Ben his due, I also hope it takes a long hard look at the bigger picture, i.e. the status of the mobile TV services operated by both Rogers (RAP-TV) and Vidéotron (illico mobile), in addition to Bell’s Mobile TV. Continue reading

Just like cable-TV, broadband is still way too expensive in Canada

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Point Topic releases 2014-Q1 global survey of broadband prices

Research consultancy Point Topic has another set of broadband data to add to the dismal news about Canada. Using USD adjusted by the purchasing power parity formula (PPP), they find that of the 90 countries surveyed, Canada ranks in 58th place on the price for a monthly standalone broadband subscription. We’re just under the global mean of $76.61, one step ahead of Mexico. Continue reading