It sometimes feels like the government is great at launching consultations; it just doesn’t seem to get around to doing anything about it.

I have written extensively about the long overdue results of the consultation regarding liberalization of foreign investment in the telecom sector. Around the time that the government should have made a decision, that got bundled into the consultation on the 700 MHz spectrum auction. So now we have two issues that are both overdue for a decision.

There is also the National Digital Economy Strategy consultation. We have seen lots of spending that is said to be consistent with that strategy, but the strategy itself has never been released.

While we are inventorying stagnant files, let’s not forget the regulations for the Anti-Spam law. Although as I have written many times, this is one file that is best allowed to stay on the back burner.

Even when a consultation results in a report, we don’t necessarily see the government acting on the report. Take the Telecom Policy Review Panel. It issued its report in 2006 – and the government has shut down its website. Or Competition Policy (2008). Last week, the government launched a consultation for the aerospace sector.

Last fall, Tom Jenkins delivered a report on innovation and R&D policy. Yesterday, the government handed out $5M to a bunch of companies, on top of investment by BDC in some of these firms, but the reference to the report stated:

We received the report, and while we don’t necessarily subscribe to all of its recommendations, we do agree with the direction of the changes that need to be made to address the challenges faced in business-related R&D, and we will act soon.

Actually, the government is doing more than just acting soon. They are spending $5M without first stating what the policy will be going forward. Which pieces of the report are going to be adopted? Once again, shouldn’t we have a strategy followed by spending consistent with the policies that come from that strategy?

Tom Jenkins will deliver the closing keynote address on June 6 at The 2012 Canadian Telecom Summit. Early Bird registrations end tomorrow, February 29. Be sure to take advantage of savings by registering early.

The 2012 Canadian Telecom Summit takes place June 4-6. For 3 days, the leadership of the telecom, broadcast & IT industries will converge at the Toronto Congress Centre to discuss the key issues and trends that will impact this critical sector of the economy. Join more than 500 of your peers, suppliers, policy makers, regulators, customers and competitors in attending telecom’s most important gathering. Early Bird rates for The 2012 Canadian Telecom Summit are only available for 3 more days; after February 29, rates increase so you should register now.

Since 2002, The Canadian Telecom Summit has developed a reputation of presenting an unequalled program that has featured the absolute cream of the crop of Canadian and international communications executives and personalities. The Canadian Telecom Summit has become a must attend event for companies doing business in the Canadian communications and IT market. The Canadian Telecom Summit is the largest and most prestigious gathering of stakeholders interested in the Canadian communications and IT industries.

Take a look at the latest version of the conference brochure or visit the conference website.

Be sure to register early to save.

Where is the announcement on auction policy for the 700MHz band? The government continues to procrastinate on digital policy files – like issuing a comprehensive digital strategy, deciding on foreign investment policy for telecom services sector and sorting out spectrum.

Over the past couple days, various players have been working the media to set out their positions. Public Mobile and Wind told the Canadian Press that if there aren’t special concessions for new entrants, they won’t even show up at the auction. Wind CEO Anthony Lacavera said “We’re not suicidal. We’re not going to go out and try to bid on something we have zero chance of winning.”

Public Mobile invoked the theme of increased rural coverage, made possible by competitive pressures by the new entrants in urban settings.

In response, Bell issued a press release that calls for “no special measures” for new entrants. “Rollout of next-generation LTE network to rural and remote communities depends on open and transparent 700 MHz spectrum auction.”

I’m not sure I see the connection between rural LTE and an open auction. Frankly, if a rural build of LTE is a priority, there are a number of more direct ways for the government to create the right opportunities and incentives.  Perhaps more on those thoughts later.

In a meeting with CITIG yesterday, I learned of a letter from the Prime Minister to Chief Bill Blair in his role as head of the Canadian Association of Chiefs of Police, confirming the government’s commitment to a Public Safety set-aside in the next spectrum auction.

With last week’s announcement in the US of assignment of the D-block of the 700MHz band for public safety applications, will Industry Canada follow the US band plan?

Has the decision on Canada’s 700 MHz policy been delayed in order to allow the US to conclude its public safety plan?

There is a panel on Wednesday June 6 at The 2012 Canadian Telecom Summit that will be looking at spectrum issues. Early bird rates expire February 29. Have you registered yet?

I’ve written about XM Radio’s The Bridge a few times in the past couple years. Satellite radio has permitted narrow-casting to match the tastes of finely targeted groups.

With personal recording of music and TV coupled with an increasingly wide variety of on-demand streaming sources, I have to wonder about changes coming for broadcasters. It seems to me that scheduled broadcasting is going to be reduced to live action programming (such as sports) at some point in the near future. In a world of fragmented, on-demand delivery, will content producers generate sufficient revenues to cover production costs?

When will we see automotive dashboards with audio systems that “tune” to internet radio stations or streaming video and gaming for passengers.

What are the traffic demand implications for mobile and fixed internet services?

Bell’s mobile TV application was reported to have tripled its audience for the Super Bowl this year. Is this another indicator for the future of program delivery? The evolution of audio and video entertainment to streaming internet is one of the reasons why the CRTC’s NFL mobile decision merits such importance.

Can content owners independently determine the best business models for licensing and distribution? What are the bounds of regulatory oversight of content delivered on new media platforms?

In football terms, we’re going up to the booth for a review of the call on the field.

Bell is appealing the CRTC’s NFL Mobile Decision (2011-765) in the Federal Court of Appeal on the basis that the CRTC made errors of law and jurisdiction.

Bell’s application sets out 5 grounds of appeal, the first four said to be errors in law, breaching Bell’s right to procedural fairness:

• The CRTC wrongly applied a reverse onus to Bell (in requiring that Bell establish that any preference or disadvantage was not undue);
• The CRTC held Bell to an improper standard of proof;
• There was no evidence to support significant CRTC findings;
• The CRTC misapplied the reverse onus to find evidence; and,
• The CRTC decision infringes the Copyright Act.

The court filing has the case files that the CRTC had in reaching its decision under the alternative dispute mechanism – as an aside, had anyone been able to find this file on the CRTC’s website?

The CRTC’s ruling set an important precedent for content delivered on new media platforms. This appeal will determine the way the game will be played.

Update (1:10 pm February 20, 2012): Bell’s 157 page filing with the Federal Court of Appeal was dated January 10 and TELUS submitted a 31 page answer on January 30. In its answer, TELUS argues that the CRTC made no error in law or jurisdiction on the first 4 points of the appeal and is entitled to judicial deference ‘since the Commission is involved in the interpretation of its “home statute” and policy issues which involve the exercise of its broad, polycentric mandate.’ On the 5th point, TELUS argues that Bell’s filing is premature, since the CRTC’s decision only asked for a report.

In a separate response to the CRTC regarding Bell’s January 30 report to the CRTC, TELUS observed that “Bell has indicated that it has complied with the prohibition against exclusivity set out in the Vertical Integration Policy by entering into a new, non-exclusive, mobile content licensing agreement with the NHL.’ TELUS has asked the CRTC to clarify that auto-renewal of an existing agreement would be considered a new contract, for the purposes of Vertical Integration Policy.