Mark Goldberg


www.mhgoldberg.com





The Canadian Telecom Summit

Fox Group Dispatch
Digitcom

Appealing code

As I suggested two weeks ago, the major wireless carriers have filed an application [2 MB, pdf] seeking leave to appeal certain aspects of the CRTC’s Wireless Code.

The appeal deals with the timing of the Code coming into effect. There are contradictory messages in the Decision itself (in paragraphs 368 and 369), followed by a tweet from the CRTC:

At that time, I responded via Twitter to ask if the CRTC planned to issue an erratum to clarify the decision.

The CRTC tweet was followed by a letter of clarification from CRTC staff (responding to a request from CWTA) that appears to contradict the Twitter statement.

There had been a legal opinion filed during the proceeding that led to the Wireless Code which identified the problems with the CRTC issuing a decision that would result in retrospective application to as many as 5 million existing contracts.

The carrier application seeks an award of legal costs if it is successful.

Will lawyers advising the CRTC will suggest settling, retracting the staff opinion, before risking a sizable bill for having ignored the evidence, (based in part on a 2009 Supreme Court decision in CRTC vs Bell)?

The legal filing appears to demonstrate inconsistencies between the Decision, the social media feed and the staff letter. Does the CRTC need to examine its social media policy to ensure that its public messages are clear and consistent?

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