Wednesday, April 04, 2007

 

Accelerating wide open telecom markets

Maxime BernierLast December, Minister Bernier announced a variance to the CRTC's local forbearance decision. This afternoon, the order was finalized, accelerating the deregulation of the industry. According to the Minister, this order is in the interests of customers and taxpayers, to deliver lower prices, recognizing the level of competition in major urban centres across the country.

The order was issued, despite a report from the Parliamentary Industry Committee (INDU) to withdraw the variance order, but it took into account the concerns of parties that provided responses to the consultation process, especially targetting the concerns of smaller cable companies.

The final order maintains the simple test that was set out last December, but clarifies a few points - it broadens and clarifies the definition of who are competitors, tightens the definition of a forbearance region.

The Telecom Policy Review panel had made an extensive number of recommendations to update the industry framework in a competitive global environment. Some of these will require legislative changes and it seems unlikely that the current incarnation of INDU will set aside politics to move forward on policies that should attract bipartisan support. Recall that the TPR panel was created under the Liberal government and its report was delivered to the current Minister. Still, we may need to wait for a majority government to bypass the tone of the committee meetings.

As we have noted before, it strikes me as more than a little ironic that the initial implementations of the TPR's recommendations are derivatives of cabinet appeals that may not be permitted when reform is completed.

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Comments:
I'm still not clear on what the Order means by "2 independent facilities-based telecommunications service providers, including providers of mobile wireless services, each of which offers local exchange services in the market".

Does vapourware count, where there are two independent providers promising service, but only one that actually delivers it?

How about really poor service, where there are two independent providers promising service, but only one which works 7 days out of 7?

In other words -- do both independent providers have to meet the CRTC's consumer quality of service indicators, before everyone agrees that they "offer local exchange services in the market"? Or does some lesser standard apply? If some lesser standard, what is it?
 
There is still an application process to the CRTC, which has always been and will continue to be the arbiter of such matters
 
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