The CRTC has found that TBayTel discriminated against a competitor, but it also determined that its actions were not ‘unjust discrimination’ under the Telecom Act.
The case involved roaming arrangements between TBayTel and Superior Wireless and the decisions by both companies to compete in each other’s base markets.
The finding of discrimination was based on the fact that TBayTel treated the customers of Superior Wireless differently from the way it treats roaming customers of other carriers.
However, in its determination that there was no ‘unjust’ discrimination, the Commission considered the degree of competition in wireless services:
The Commission considers that the robustly competitive nature of the wireless market suggests that the Commission should exercise restraint with respect to the application of its powers…
The CRTC found that Superior’s customers have alternatives available to them to mitigate the impact of TBayTel’s discriminatory actions.
Will the CRTC apply the same principles in assessing Network Neutrality complaints?