CRTC Decision on Interim Relief request by CAIP concerning Traffic Shaping by Bell Canada
May 14, 2008

CAIP

 

OTTAWA, ON – May 14, 2008 – The Canadian Radio-television and Telecommunications Commission (CRTC) has issued a decision denying the Canadian Association of Internet Providers' (CAIP) request for interim relief against "throttling" of competitor ISPs’ ADSL traffic suddenly undertaken by Bell earlier this spring.

On April 3, CAIP asked the CRTC to investigate Bell Canada’s "traffic shaping" activity the phone company had imposed on competitive ISPs in March of this year. As part of its application, CAIP asked the Commission to order Bell to cease and desist from traffic shaping activities on an interim basis pending final determination of its application.

In its decision, the CRTC has denied CAIP's request for interim relief, stating that the Commission does not believe that CAIP presented sufficient evidence of irreparable harm to its members as a result of Bell’s "traffic throttling" activities.

“This is an unfortunate decision”, states CAIP Chair Tom Copeland. "We feel the Commission has misapplied the test for interim relief by deeming the evidence of harm to CAIP's members insufficient and in failing to even consider the harm to the public interest occasioned by Bell’s unilateral and unwarranted actions."

More than 1,100 individuals filed comments with the CRTC regarding this application, complaining about the effects of traffic shaping on Internet access services as well as VoIP and VPN applications.

Copeland says "It is difficult to imagine that in the face of Bell's high-handed actions against small, independent ISPs and the public outcry that this has generated, the Commission would allow Bell Canada to reap the benefits of flouting its tariffs and the Act during the time that it will take the Commission to process CAIP's application on a final basis. We have lost our status as one of the world's most connected nations and it is decisions like this that should cause Canadians and the government serious concern."

Copeland concludes, “While the Commission feels we didn’t fulfill the test required for interim relief, this has no impact on the final resolution of our application. We will continue our pursuit of the application in the interests of all Canadians."

View the CRTC Decision

For more information:
Tom Copeland,
Chair
Canadian Association of Internet Providers
905-373-9313
tom.copeland@caip.ca

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CAIP, a Division of CATAAlliance:
About CAIP - CAIP's Mission is to foster the growth of a healthy and competitive Internet industry in Canada through collective and cooperative action on Canadian and international issues of mutual interest. CAIP membership comprises commercial Internet service providers and enterprises involved in the business of Internet service provisioning.

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