Thursday, May 15, 2008

 

Herding cats

CAIPAxia SuperNet filed an application on April 21 for the CRTC to review its Deferral Account Decision (2008-1) on the basis that TELUS will be using some of the money in communities that already have broadband internet. Contrast this with an application by TELUS on April 23 asking the CRTC to review the same Decision, but on the basis that more of the Deferral Account funds should go to more communities.

Why do I raise these 3 week old applications now?

Axia has filed some supplemental materials from smaller ISPs operating in Alberta that had not participated in the original proceeding. There is a precedent associated with Mitchell Seaforth Cable and the community of Dublin, Ontario.

There are a few issues at play here. First off, who are the Alternate Broadband Service Providers (ABSPs) and is there a complete inventory of them and their service areas?

There isn't a requirement for ISPs to register with the CRTC in order to provide internet access service. The CRTC knows about many types of service providers through various registration lists.

For example, carriers show up as:
Some other companies operating as ISPs may show up as:
But what about pure fixed wireless ISPs? They aren't reselling anything. There is no need for them to register as telecom service providers for the contribution regime, if the only telecom service they provide is internet access (eg. no VoIP, no private line, etc.). Who speaks for them in Ottawa?

It may be a real challenge in getting regulatory awareness of precisely those companies that may be most likely to be providing remote and rural broadband - those companies that are likely to be most affected by Decision 2008-1.

Decision 2008-1 may demonstrate why companies like ABSPs need to be aware of regulatory proceedings, despite believing that there own operations are unregulated. Perhaps this is a key selling point for industry associations in their drive for members. Can the CRTC rely on CAIP or other organizations to be the representative voice of ABSPs and other independent ISPs? At the end of the day, is it the CRTC's job to reach out to all potential interested parties or the ISPs who are responsible for watching out for themselves?

Looking beyond the disruptive impact on ABSP business plans and the potential for market distortion caused by Decision 2008-1, how does the CRTC solicit more ABSP participation in such activities as the annual industry monitoring report?

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Comments:
Hi Mark,

I'm not sure it's correct to conclude that ISPs offering internet access using wireless broadband services have no reason to register with the CRTC.

A service provider meets the definition of carrier when it "owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation". RF spectrum, licensed or unlicensed, meets the definition of a transmission facility.

Might such an ISP have a responsibility to register as a non-dominant Canadian carrier?
 
Similarly, all ISPs -- including wireless Internet access providers -- appear to be required to participate in the monitoring process by registering as Type 2 entities.

Whether or not this always happens is another story. But it appears to be required.
 
As the ILEC Marketing Guy pointed out, a "person" is a carrier if a) they operate a transmission facility; and, b) the facility is used to provide a telecommunications service to the public. The potential argument is whether "internet access service" is a "telecom service."

There is a possible ambiguity upon which some ISPs may be relying. In Decision 2000-745, paragraph 88 speaks about telecommunications services providers as including "Internet service providers (if a telecommunications service is provided)". Why is that parenthetical comment there?

Might it imply that there is such thing as an internet service provider that does not provide a telecom service - otherwise, what is the need for the parenthetic statement? Did the CRTC really mean to say "(if another telecommunications service is provided)"

Perhaps the wording leads to an impression that internet access service itself may not be considered a telecom service.

Is this a case of the CRTC using parentheses in a manner that reminds us of a Rogers' misplaced comma? Is a clarification needed?

Your comments?
 
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