When the CRTC set up its review of access to basic telecommunications services, the public notice [2010-43] included a few little words that triggered a firestorm.
In addition, the Commission will re-examine the appropriateness of the existing forbearance framework for mobile wireless data services.
The Canadian Wireless Telecom Association suggested to the CRTC that this section of the public consultation should be severed from the rest of the process in the interest of keeping the proceeding manageable.
In a letter on February 10, the Commission refused, saying, in effect, that the public process is fine as is; if you want to comment on mobile wireless data services forbearance, the CRTC looks forward to hearing from everyone in mid-April.Â
A report issued by the CRTC the day before added fuel to the firestorm when it said:
Over time, the Commission’s hands-off approach to wireless may come under pressure as it becomes a more important platform tool to access all forms of communications and the distribution of Canadian content.
The media started speculating that the CRTC was about to wade in on regulating wireless pricing. CRTC Chair Konrad von Finckenstein conducted an interview with The Globe and Mail to try to calm the rumours and “paranoia”.
There is a little bit of paranoia here. Obviously, I am very concerned about the impression that the regulator is reasserting itself more than is necessary.
According to the article, the Chair said that the intent is to focus on the narrow issue of whether the CRTC should have the power to protect against wireless service discrimination. Of course, the Public Notice and the Commission’s February letter do not have the same clarity of focus as the Globe and Mail story indicates. The Public Notice asks a very broad question:
Should the Commission change the scope of forbearance with respect to mobile wireless data services, and if so, to what extent?
Pricing, range of services, the need to file tariffs, wholesale services, geographic coverage, service standards. What do you want to talk about? The CRTCÂ has invited the public to open the proceeding up to virtually anything you might want to talk about.
So yesterday, the CWTA wrote a letter to once again give the CRTC an opportunity to limit the proceeding scope to keep the process somewhat manageable, keeping in mind that the main focus of the proceeding is pretty broad itself: the definition of basic services and the obligation to serve.
The CWTA’s letter says that its carrier members support having Sections 24 and 27(2) of the Telecommunications Act apply to mobile wireless data services (the same sections that the Commission retained when it forbore from regulating mobile voice services). As such, CWTA says that it is no longer necessary for the Commission to consider this issue.
The proceeding is going to have to tackle a broad enough range of issues and the two-week public proceeding is being split between Timmins and Ottawa, adding to the complexity. It seems that the CWTA is offering the CRTC a last opportunity to rein in the range of topics.