Cabinet is getting hit from two sides today with dueling appeals related to CRTC decisions on broadband.
Bell has filed an appeal that argues that the CRTC has issued rulings that serve to discourage investment in next-generation networks by forcing ILECs to provide competitors with regulated access to next-generation networks; MTS Allstream has filed a separate appeal that says the CRTC denied competitors the right to fair access to the ILECs’ local broadband networks.
At first blush, it appears that Bell is saying the CRTC has gone too far; MTS Allstream says the Commission hasn’t gone far enough. Some might suggest that this shows the CRTC got it right. You need to look beyond the superficial to see that we have different CRTC decisions being appealed.
Bell’s appeal targets Decision 2008-117, and the companion Order 2009-111 – the Cybersurf proceedings. MTS Allstream’s appeal targets Decision 2008-118 and Regulatory Policy 2009-34 – related to ethernet access as essential facilities.
Why today? The rules say you have to file an appeal to the Governor in Council within 90 days of a CRTC ruling. The clock was ticking from the December 11, 2008 release of Decisions 117 and 118. Under Section 12 of the Telecom Act, Cabinet has until December 11, 2009 to vary or rescind the decisions or refer them back to the Commission for reconsideration of all or a portion of the issues.
The issues raised are both related but distinct and there are significant issues related to the level of investment in infrastructure and availability of competitive choice for next generation telecom services in Canada, affecting consumers and business. We’ll have more to say in coming days.
The Regulatory Blockbuster is always a highlight at The Canadian Telecom Summit; this issue is certain to add to the fireworks for the panel discussion on the morning of June 16.
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Bell, MTS Allstream, CRTC, Cabinet