Canadian communications conjury

In anticipation of the release of another piece of the CRTC’s Let’s Talk TV proceeding, an article in the Toronto Star this weekend looked “Behind the scenes of Ontario’s campaign for a Netflix tax“. This week, the CRTC plans to release “The way forward – Creating compelling and diverse Canadian programming.”

The Star article predicts that “the CRTC is likely to side with consumers, effectively rejecting what had been an expensive Ontario government campaign to convince the regulator to establish a Netflix tax.”

Unfortunately, the Star didn’t share an alternative. While it is easy to ridicule a “Netflix tax”, serious thought needs to be applied to resolve the funding challenge.

The achievement of a number of social objectives in Canada is funded through surcharges on communications services, rather than through the general revenues of the government.

For example, there is a general tax on telecommunications services providers (TSPs) that is used to subsidize phone service in high cost serving areas. Broadcast distributors contribute to funds that support the development of Canadian programming.

In a monopoly era, it didn’t matter too much that these social benefits were funded by cable companies and phone companies rather than the government. There seemed to be an appropriateness to having people who can afford phone service in low cost areas pay a little bit more to help cover the cost of service in high cost areas. Nearly everyone had a phone, so the tax was pretty much universal.

Similarly, when nearly every Canadian household with a TV was paying for cable or satellite service, why wouldn’t those be the people who pay into a fund to finance Canadian production?

The problem is that now we have competitors providing these services, not all of which are captured by the subsidy system. For example, for administrative reasons, there is a minimum revenue threshold in order not to burden small companies with the extra financial reporting. Further, there are non-traditional substitutes for the traditional services, leading to fewer contributors as people “cut the cord.” Indeed, even the chair of the CRTC seemed to be encouraging people to exit the subsidy payment system with his pitch for digital tv antennas in late January:

I have with me today some special items. You could call them magic items. After all, they can make television service bills disappear into thin air.

What’s more, when you install them in your home or on your roof here in downtown London, they can give you access to eight Canadian television signals with a picture quality superior to anything delivered by a satellite or cable provider. Channels that show all the best local and national information, American entertainment and educational programming – for the low monthly rate of zero dollars.

It is basic mathematics that tells us that if there are fewer people paying a given amount, the total being collected will be smaller. Or if the total amount being collected is held constant, with fewer people from whom to collect, each one remaining will have to pay more. That increases the price of legacy services, further increasing the number of people who leave the system, which increases the price, and the vicious cycle continues.

We have these basic social objectives: support development of Canadian media production and support affordable access to communications services in higher cost serving areas. We have a transition in the market that sees fewer people buying the traditional services that currently fund these social programs.

In an era of tight government spending, we shouldn’t expect the government to pick up the funding obligations.

Last week’s Northwestel decision shows what can happen when there is failure to examine the obligations and the funding holistically. The CRTC ordered price reductions in internet services – services that were already being provided below cost – with no source of the funding. If the CRTC chair thought we should refer to digital antennas as “magic items”, then northern internet services must be thaumaturgic.

With the precedent of the US FCC declaration of internet service as a basic utility, it may be more palatable for the CRTC to explore treating all communications access services the same. Technology enables a variety of services to be delivered over an increasingly wide array of accesses.

Perhaps such matters will come up in the CRTC’s review of basic services, as was suggested in the Northwestel decision. I doubt it will go far enough. There is a tendancy for the CRTC to separate broadcasting and telecom issues, making it unlikely that funding of media production would be seen to intersect with telecommunications services. Still, if internet access is being considered to be part of the basic service obligation, is there a reason why it wouldn’t be considered for contributing to the various social obligations of other basic services?

The funding of social objectives is a broad area – perhaps yet another one of those matters that should be part of the long overdue comprehensive communication policy review.

Heading into a federal election later this year, the government could create precisely such an expert panel in advance of the formal campaigning. It would allow the government to deflect criticism of its skeletal Digital Canada 150 policy and demonstrate that it is seriously concerned with the digital economy. At this point, a Communications Policy Review panel could deliver a report no sooner than 2016 – fully 10 years after the report of the Telecommunications Policy Review panel.

Canadians deserve a comprehensive communications policy review, crafted with the depth and gravitas of the 2006 Telecom Policy Review panel. That’s nothing magical.

Canadian communications is all we talk about at The 2015 Canadian Telecom Summit, June 1-3, in Toronto. It is where leaders gather to talk about all aspects of the industry, policy and technology, improving service delivery and exploring the challenges and opportunities arising from new innovations. Have you registered yet?

Coming to any screen near you: the video revolution

Video continues to drive growth in data networks. TELUS reported that it has experiences a doubling of traffic in just a year and a half: from 51 thousand tera-bytes in March of 2013 to 104k TB in November 2014.

How will the market continue to evolve? What options will Canadians have to watch video on the screen of their choice? How do we defend Canadian distribution rights for content? When is streaming video really just another form of broadcasting?

On June 3, The 2015 Canadian Telecom Summit will examine these themes on a panel called: “Coming to Any Screen Near You: The video revolution”.

This panel provides an opportunity to hear how the industry and policy makers need to respond as Canadians are changing their viewing habits.

Coming to Any Screen Near You: The video revolution
Wednesday June 3, 2015: 2:00 pm
Peter Miller (moderator)
Chair
Interactive Ontario
David Asch
SVP & General Manager
Shomi
Raj Shoan
Commissioner, Ontario
CRTC
Michael Hennessy
President & CEO
Canadian Media Production Association
George Burger
Advisor
VMedia

These are just a few of the industry leading speakers who are going to be at The 2015 Canadian Telecom Summit, June 1-3, in Toronto. Check the website frequently to see the latest additions to the agenda.

Have you registered yet?

Fair, predictable, and transparent

The CRTC issued a press release concurrent with its decision to lower internet prices in the far north.

The press release offers a quote from Chairman JP Blais:

Although we recognize the exceptional situation that exists in Northwestel’s territory, we must not let these challenges hinder the development and affordability of telecommunications services in the North. Access to reasonably priced Internet services plays an essential role in the North’s economic and social development. With this decision, we are reducing the gap between what consumers pay for Internet services in the northern and southern parts of Canada.

I suspect – perhaps hope – that more of the media looks at the dissenting opinion appended to the decision and seeks more comment from CRTC Commissioner Candace Molnar who delivered a brutal critique of the Majority:

Citizens and regulated entities alike deserve a Commission that is fair, predictable, and transparent ‒ and one whose decisions are based upon the evidence of the proceeding. In this instance, the Commission stated that it would determine the appropriateness of the stand-alone surcharge based upon detailed costing information. The detailed costing information filed in this proceeding clearly indicates that a stand-alone fee is warranted, yet the Majority deny the surcharge.

At a minimum, the decision of the Majority is not predictable.

Calvinball
Why the strong words?

As Commissioner Molnar enumerates, over the past few years, the Commission has put Northwestel under a microscope because the CRTC determined the company “was not meeting the needs of Northern consumers.” There were two comprehensive reviews of Northwestel’s operations, a denial of request to increase local telephone services prices and the CRTC opened the market to competition. Commissioner Molnar has “been firmly in support of the initiatives undertaken by the Commission to address issues related to service quality, availability, and affordability in the North.” But she disagreed with the 10-30% reductions in the price of consumer internet services that were ordered by the majority – reductions in prices that were already below cost.

The majority decision by the CRTC says “it must take exceptional measures in this case to ensure that residential Internet service is provided at reasonable rates across all of Northwestel’s operating territory.”

“Reasonable” is a term of art in the regulatory world. According to Canadian Telecommunications Law and Regulation, “[n]ot only may the rate being charged for a particular service be unreasonably high, it may also be unreasonably low. While a low rate will not be objectionable to the customers receiving that service, … the rate shortfall attributable to the charging of unreasonably low rates for one service may lead to the imposition of unreasonably high rates on the customers of other services.”

The below cost rates were characterized in the proceeding as “predatory”. As acknowledged by the CRTC decision:

SSi submitted that Northwestel’s proposal for below-cost retail Internet service rates – that is, rates for which the price floor test is not met – and comparable service at comparable rates across Northwestel’s operating territory effectively amounts to predatory pricing. SSi added that such pricing has forced it to shut down retail Internet service in a number of communities where it could not compete, despite having previously established a significant broadband market presence in those communities.

Competitors get shut down, Northwestel shareholders are effectively ordered to subsidize broadband internet to the entire geographic region, regardless of financial needs.

“The Commission acknowledges that these changes may have a negative effect on competition for these particular services, but considers that it must take exceptional measures in this case to ensure that residential Internet service is provided at reasonable rates across all of Northwestel’s operating territory.”

In other words, the CRTC is dispensing with its customary rules for rates in order to achieve a government political objective without impact on the federal budget. As regular readers know, I prefer to see targeted subsidies based on need, rather than perpetuating the patronizing politics of presuming the need for rural and remote services to be offered below cost, regardless of means.

It is hard to imagine why there would be any incentive for Northwestel to invest in continued service improvements, capacity expansion or geographic reach. At a certain point, the shareholders may have to assess the returns being delivered from the asset.

Calvinball continues.

Stimulating broadband expansion

EORN logoLast December, the Eastern Ontario Warden’s Caucus (EOWC), a group of eleven Eastern Ontario Counties and two Single-Tier municipalities, released its final report on the building of its Eastern Ontario Regional Network (EORN) broadband project.

When the project launched construction in 2010, about a third of the region’s population had either no internet access or only had dial-up access to the internet.

EORN now includes 5,500 km of new and existing fibre optic cable, with 160 new access points for Internet Service Providers, delivering high-speed Internet services for residents and businesses through wired, wireless or satellite technology, depending on the best fit for the area. EORN negotiated with private sector service providers to increase their coverage areas, bandwidth and speeds to help bridge the typical urban-rural price gap.

The Eastern Ontario Regional Network has expanded broadband access to cover 99 per cent of rural Eastern Ontario – surpassing its goal of expanding access of at least 1.5 Mbps to 95 per cent of the region:

  • Nearly 90 per cent – some 415,000 homes and businesses – can access DSL or fixed wireless internet services with speeds of at least 10 Mbps, exceeding EORN’s target of 85 per cent.
  • An additional 12,000 households can access internet speeds ranging from 6 to 10 Mbps with these technologies.
  • The remaining households can access these same speeds through improved satellite services, available at special pricing for anyone in rural Eastern Ontario.

Users can check an availability map to determine which service providers are available in various parts of the EOWC region.

EORN has now released its 10 year “Digital Strategy” – a roadmap to help it keep pace with changing needs and to help stimulate residents’, business’ and public service adoption of the network.

With the completion of the network infrastructure, EORN is shifting gears to ensure the region reaps the benefits of this important investment. To create a digitally connected region, Eastern Ontario needs not just broadband access, but also the skills and capacity to use technology effectively. The Digital Strategy offers a road map for the region to embrace the economic and social benefits of internet-based tools to create strong, successful communities.

The regional leadership has set out goals to be achieved by working in cooperation with local and national businesses, economic development groups, non-profit groups and public service agencies.

GOAL 1: Increase User Uptake
Working with private and public sector partners, EORN will promote the adoption of high-speed internet services and digital technology across Eastern Ontario by residents, businesses and public institutions.

GOAL 2: Improve Broadband Access
Driven by the perpetual demand for higher speed and more capacity, EORN will leverage the existing broadband network in Eastern Ontario to expand and enhance fixed and mobile broadband access throughout the region.

GOAL 3: Demonstrate Technology Leadership
EORN will investigate, develop and promote the adoption of new technologies that support wealth creation, job growth and educational opportunities.

It is encouraging to see EOWC work to drive both sides of the equation for digital adoption: supply and demand. As readers of these pages know, too often there is a singular focus on the supply side, without regard to measures to increase demand.

Now that EORN has completed its work to ensure that users can access the internet, the communities are working on measures to leverage the ubiquitous infrastructure.

Take the time to read the digital strategy executive summary [pdf, 12 pages], if you don’t have time for the main Digital Strategy document [pdf, 24 pages] itself. EORN is seeking 2 additional members for its volunteer board. “Applications are being sought from qualified and experienced persons in the areas of finance, legal, economic development and technology” with “an interest in the economic and technological advancement of Eastern Ontario”. Applications are due on Friday, March 5.

One of the solutions providers powering EORN is Xplornet, Canada’s largest telecommunications provider focused solely on rural Canadians. Xplornet president Allison Lenehan will be speaking at The 2015 Canadian Telecom Summit, taking place June 1-3 in Toronto.

The theme for The 2015 Canadian Telecom Summit is “Hyper Connectivity: Shaping Personal & Business Digital Relationships.” How do we bring the benefits of a digital economy to all Canadians, rural and urban, young and old, across the full spectrum of household incomes? Keynote speakers and panelists will address these points giving you a chance to hear about service deployment, what is in store for next generation business models, and underlying all of this, the technologies that continue to drive the industry forward.

Have you registered yet?

How do you safeguard your information?

Together with Public Safety Canada, TELUS has launched the #BeAppSafe campaign to help Canadians learn how to secure their personal information stored on their mobile devices.

This is a great follow-up to the TELUS WISE programme that was launched about a year and a half ago, providing free Internet and smartphone safety education for Canadian families. Since its inception in 2013, TELUS has educated more than 500,000 people on how to stay safe online through TELUS WISE.

Get Cyber Safe is Public Safety Canada’s national awareness campaign created to raise awareness about Internet security and the simple steps Canadians can take to protect themselves online.

A series of practical and easy tips, such as turning off tracking apps, setting strong passwords and staying on top of permissions and privacy, is available at www.telus.com/wise.

The programmes are available to all Canadians, not just TELUS customers.

Cyber Security is going to be one of the topics we’re exploring at The 2015 Canadian Telecom Summit. Early bird rates are available for registrations completed by February 28.

How do you safeguard your information?

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