Legal Commentary

CRTC sides with Bell on throttling complaint - but will consider net neutrality later

By David Canton

The big news today is the CRTC decision that denied CAIP’s application complaining about Bell’s internet throttling.  The CRTC has however made it clear that it is not through with teh net neutrality issue.

From the CRTC’s press release:

?CAIP?s application asked us to only consider the specific issue of wholesale traffic shaping within a specific context. The broader issue of Internet traffic management raises a number of questions that affect both end-users and service providers,? added Mr. von Finckenstein. ?We have decided to hold a separate proceeding to consider both wholesale and retail issues. Its main purpose will be to address the extent to which Internet service providers can manage the traffic on their networks in accordance with the Telecommunications Act.? 

The Commission has launched a proceeding to examine the current and potential traffic management practices of ISPs operating in Canada. This proceeding will include a public hearing starting on July 6, 2009, in Gatineau, Que. The CRTC has invited comments on a number of specific questions. Some of these questions are related to:

• changes in bandwidth consumption that may lead to network congestion
• Internet traffic management practices based on technical solutions or business models that are currently available or may be developed in the future, and
• the impact of such practices on end-users.

For more detail and commentary, take a look at Michael’s viewpoint, articles from the Globe and Mail, and Slaw, the CRTC press release, and the CRTC decision.

Full post as published by eLegal Canton on November 20, 2008 (boomark / email).