Herding cats

CAIPAxia SuperNet filed an application on April 21 for the CRTC to review its Deferral Account Decision (2008-1) on the basis that TELUS will be using some of the money in communities that already have broadband internet. Contrast this with an application by TELUS on April 23 asking the CRTC to review the same Decision, but on the basis that more of the Deferral Account funds should go to more communities.

Why do I raise these 3 week old applications now?

Axia has filed some supplemental materials from smaller ISPs operating in Alberta that had not participated in the original proceeding. There is a precedent associated with Mitchell Seaforth Cable and the community of Dublin, Ontario.

There are a few issues at play here. First off, who are the Alternate Broadband Service Providers (ABSPs) and is there a complete inventory of them and their service areas?

There isn’t a requirement for ISPs to register with the CRTC in order to provide internet access service. The CRTC knows about many types of service providers through various registration lists.

For example, carriers show up as:

Some other companies operating as ISPs may show up as:

But what about pure fixed wireless ISPs? They aren’t reselling anything. There is no need for them to register as telecom service providers for the contribution regime, if the only telecom service they provide is internet access (eg. no VoIP, no private line, etc.). Who speaks for them in Ottawa?

It may be a real challenge in getting regulatory awareness of precisely those companies that may be most likely to be providing remote and rural broadband – those companies that are likely to be most affected by Decision 2008-1.

Decision 2008-1 may demonstrate why companies like ABSPs need to be aware of regulatory proceedings, despite believing that there own operations are unregulated. Perhaps this is a key selling point for industry associations in their drive for members. Can the CRTC rely on CAIP or other organizations to be the representative voice of ABSPs and other independent ISPs? At the end of the day, is it the CRTC’s job to reach out to all potential interested parties or the ISPs who are responsible for watching out for themselves?

Looking beyond the disruptive impact on ABSP business plans and the potential for market distortion caused by Decision 2008-1, how does the CRTC solicit more ABSP participation in such activities as the annual industry monitoring report?

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