Legislative Alert: Judgment on whether ISPs should be considered "broadcasters" under the Broadcasting Act
July 8, 2010

From the Desk of Tom Copeland, Chair, CAIP

Today the Federal Court of Appeal has issued its judgment on whether ISPs
should be considered "broadcasters" under the Broadcasting Act.

The Court found that "Retail Internet service providers  (ISPs) do not carry
on, in whole or in part, "broadcasting undertakings" subject to the
Broadcasting Act, S.C. 1991, c. 11  when, in their role as ISPs, they
provide access through the Internet to "broadcasting" requested by
end-users".

This is an important decision for the industry. For more than a decade now
the CRTC has refrained from considering "new media" on the Internet and the
provisioning of access to that media to be "broadcasting". As convergence
grew ever closer to reality we knew that the issue would eventually have to
be determined by the courts.

Please contact the undersigned directly for the Judgment and the Reasons For Judgment

--
Tom Copeland
Chairman
Canadian Association of Internet Providers a division of CATAAlliance
Suite 416, 207 Bank Street,
Ottawa, ON
K2P 2N2
613-236-6550  ..  FAX 613-236-8189
Cobourg Direct - 905-373-9313
Cobourg Direct FAX - 905-373-8339