Oh what a tangled web: Bell vs the Internet at Federal Court

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Bell Mobility’s legal team conferred on a break

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On Tuesday, January 19, the Federal Court of Appeal heard oral arguments from several parties about Bell’s Mobile TV service and whether it had violated Canadian law. In attendance were 13 lawyers, not counting the panel on the bench, which made it 16 lawyers, just shy of the spectator count in the gallery.

The spectators included several staunch advocates for the open Internet (Ben, Reza, JF, Laura, Cynthia, me), not to mention our tireless legal counsel, Philip Palmer, who agreed to represent a ragtag bunch he barely knew.  Continue reading

Barack Obama for Prime Minister

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As net neutrality boils over, Obama calls for much tighter regulation of Internet access

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If you care about the Internet and don’t care to see it co-opted and controlled by gatekeepers like Bell and Rogers, President Obama is your man. Yesterday he made a speech from the White House that has electrified the nation (theirs, not ours). He has called not merely for proactive regulation from the FCC to protect the open Internet. He has explicitly called on the agency to invoke Title II, that part of the Communications Act of 1934 intended to regulate common carriers like phone companies. Obama wants the regulator to treat the Internet like what it has become: a utility-like lifeline, not just an add-on to cable-TV service. 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

CRTC demands answers from Bell on its Mobile TV shellgame

mirko-bibic-1Bell’s CRTC whisperer, Mirko Bibic, got bent out of shape when he saw the CRTC’s annoying interrogatories Friday morning

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Today saw another encouraging step in the CRTC’s management of the Ben Klass Part 1 application on Bell’s Mobile TV service. You can get the backstory in my prior posts (first one was in November) and from Ben’s blog, among other places.

That step was the interrogatories sent to Bell officials, asking for detailed information on Bell’s network architecture, subscriber invoicing, content exclusivity and competition, among other things. I’ve pasted in all 10 of the Commission’s questions below. A couple of comments in the meantime…

bell-mobileTVimageFirst off, the language of the questions demonstrates that the Commission is taking Ben’s application to heart, and that it sees a prima facie case against Bell for violating telecom rules. On one crucial point, whether Mobile TV is simply a broadcasting service as Bell claims, the Commission staff want to hear an explanation of the “inconsistency” in Bell’s statements on this matter – as well as of “how a data service that uses the Internet is not a telecommunications service” (yes, Bell argues that its quacking duck ain’t no water fowl no how). Continue reading

European Parliament votes 534 to 25 for network neutrality

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Here in Canada, our idea of a free and open Internet is being held hostage by the CRTC. Its TV Talks consultation makes it very clear that a non-discriminatory Internet is going to continue to play backseat to our quaint, moribund notion of TV culture – which Ottawa thinks is still holding the country together from sea to shining sea.

In a far more vociferous debate on net neutrality, the US open Internet community has been pitted against the outré posturings of many Republicans, who want their government to stay in the business of regulating the Internet through ICANN, but condemn the FCC’s latest attempt to revive its Open Internet Order as a form of censorship, an innovation killer and a solution in search of a problem. The Republicans have ingeniously, and disingenuously, co-opted the the whole notion of a free and open Internet in their current lingo, while winning headline battles by turning every attempt to protect innovation, free speech and access to bandwidth as part of the unspeakable idea of… gasp, regulating the Internet!

PilardelCastilloVera-1Meanwhile, earlier today, the European Parliament voted by an overwhelming majority to pass the report tabled by member Pilar del Castillo Vera of Spain that outlines a strong, unambiguous framework for protecting EU citizens from unwarranted discrimination on the Internet. The European support for net neutrality, which may still wait months for endorsement by member nations, is dripping with irony. (The release page is here, excerpt below.) Continue reading

Intervening in support of Ben Klass complaint on Bell Mobile TV

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Last Wednesday was the deadline for followup comments on Ben’s Part 1 application, more accurately described as a complaint. In the text below you’ll find the main body of my intervention, minus the top and tail. I wrote about Ben’s original filing back in November: Ben Klass asks CRTC to stop Bell’s deliquency on Mobile TV. As of today, Ben’s current filing hasn’t yet shown up on the Commission’s site: I’ve uploaded it here. Of the other interventions filed this past week, two were especially critical of what Bell is being allowed to get away with. Teresa Murphy starts her comments by suggesting that Bell’s whole argument is founded on a phony distinction (para 2: her pdf is uploaded here):

It makes no sense whatsoever to treat competing services differently when the underlying technology and distribution method is the same. This is allowing vertically integrated companies to behave by one set of rules, and allowing them to treat their competitors differently, and frankly unfairly.

Continue reading

The Internet in 2025: 12 reasons to fear our online future (Pew 5)

patel-theverge-internet-is-fuckedBe very afraid: see Nilay Patel’s hard-hitting post in The Verge last week

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The trends are mostly about fragmentation

Or at least the triumph of depth of experience over outreach and a sense of commonality.

This is the 5th and last of my responses from the 2013-14 edition of the Pew/Elon experts survey on the future of the Internet. I only answered 5 of this year’s 8 questions; my four prior responses are these:

The final Pew question was the only one described as open-ended, i.e. it did not begin with the usual Yes/No binary choice. By the time I was done writing my relatively short response, I was seriously depressed. As Free Press president Craig Aaron said to The Verge’s Nilay Patel: “What we need right now is decisive action. We can still unfuck the Internet.” Sure, but where’s decisive action going to come from? The FCC? The CRTC? Questions for another time. Continue reading

Ben Klass asks CRTC to stop Bell’s deliquency on Mobile TV

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Detail from roof of Brighton train station (rotated) – Aug 2013

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Bell welcomes any competitor, but they should compete on a level playing field.” — George Cope, BCE/Bell Canada, August 2013

“I provide evidence [below] in support of the assertion that Bell gives itself undue preference. It does so by applying an application-specific economic Internet traffic management practice (ITMP) to its Mobile TV service, causing unreasonable disadvantage to competitors and harming consumer choice.” — Ben Klass, CRTC Part 1 Application, November 20, 2013 

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November 25: I’ve added a number of edits and corrections to the running text below. My thanks to Ben Klass, J-F Mezei and Juris Silkans for their helpful suggestions.

Nov.25 – update #2. A formal request has come in already asking the Commission to transform Ben’s application into a full-blown public proceeding that would include a review of ITMPs put in place by both Rogers and Vidéotron, which apparently have the same idea as Bell about what’s meant by a “level” playing field. The request is from PIAC, the Public Interest Advocacy Centre. I’ve uploaded a zipped folder with both PIAC’s letter and Ben’s reply here.

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This post is divided into two main parts (which may not be obvious to the untrained eye). Down to but not including Key elements of Ben’s complaint, you’ll find 3 sections: a) discussion of Ben’s application in general terms; b) an analogy based on the metered taxi cab as a familiar way to illustrate why Bell can’t treat different kinds of traffic differently to give itself a commercial advantage over competitors; and c) a bemoaning of the sad truth that very few people can bring themselves to care about this wonkish stuff, mostly because it’s so freaking hard to understand.

The second half – Key elements of Ben’s complaint – looks at his filing from the perspective of four underlying regulatory concepts. I have a dual purpose here: to clarify some of the muddier aspects of this process; and to talk a little about some of the past history and how we got to this juncture. The four concepts are:

  • a Part 1 Application
  • a new media broadcasting undertaking (NMBU)
  • data (or bit) caps
  • Internet traffic management practices (ITMPs)

These are all mentioned on the first page of Ben’s document. If you don’t know what he means by an “application-specific economic Internet traffic management practice,” you may find a glossary helpful.

Ben Klass is back and this time he means it

ben-klass-nov21-3Last August, Ben grabbed some well-deserved attention with the open letter he addressed to Bell CEO George Cope. In his “I am Canadian” piece, Ben debunked point after absurd point in Cope’s post, which ran on the Bell site under the title “An open letter to all Canadians.” Cope was delivering another salvo in the incumbents’ wacky wireless war against the Harper government and its outrageous idea they should let Verizon enter our market to compete with the Big Three.

For all its merits, Ben’s open letter was an irritant Cope could afford to ignore with impunity (I don’t imagine folks in Bell’s C-suite have been working on their sense of irony since August; and funny how whenever an incumbent CEO insists on a level playing field, you can be darn sure he means exactly the opposite). But that was then, this is now, and Ben has turned up the heat on Bell, way up. Continue reading