Ofcom, the UK regulator, has published a voluntary code of practice for ISPs in describing broadband speeds. ISPs that agree to adhere to the code are listed on the Ofcom website.

The agency has also produced a consumer guide [ pdf, 252 KB] describing the highlights, including an explanation that ISP fair usage policies can result in restrictions on speeds and capacities.

Ofcom acknowledges network management by ISPs, but requires disclosure as part of its code:

39. Where ISPs apply traffic management and shaping policies, they should publish on their website, in a clear and easily accessible form, information on the restrictions applied. This should include the types of applications, services and protocols that are affected and specific information on peak traffic periods.

No prohibition on ISPs acting on the basis of applications, services and protocols: ISPs that sign up to the Ofcom code are required to disclose how they act on the data stream.

Most Canadian ISPs would qualify under these very loose guidelines. For example, I decided to visit the fair use pages of a few of the ISPs listed by Ofcom.

AOL’s disclosure allows them a lot of freedom in responding to network management concerns:

If a Member’s usage exceeds what AOL Broadband deems fair and reasonable for a residential broadband service, speed-limiting restrictions may be applied during peak hours (typically evenings) in the first instance. We’ll also be in contact with Members whose usage is deemed excessive with advice and recommendations of how to reduce usage.

If usage continues to be very high, we may reluctantly give a Member notice that their account will be terminated.

O2’s Fair Use Policy has maintained its own discretion in determining what usage is considered excessive:

There is no limit on the monthly network usage. However if we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written warning (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your Services.

As the CRTC reviews network management practices for ISPs, will it develop similar consumer guides and codes?

Technorati Tags:
traffic shaping, fair use, Ofcom, CRTC, network management

Will the new entrant wireless carriers need to pass two levels of Canadian ownership scrutiny?

Recall that when Bell Canada had its review of its proposed restructuring, there were two different reviews: one by the CRTC in a public forum; and one by Industry Canada.

The current focus is on Industry Canada’s review of ownership structures for the new licensees. After all, our federal treasury has already cashed more than a billion dollars in cheques from companies that have never operated before in Canada in any form. They aren’t cable operators or phone companies.

So Industry Canada has to approve of their ownership structure before issuing licenses.

But there is still the question of the CRTC. In order to operate telecommunications facilities (which includes mobile wireless transmission), the CRTC has to approve the registration of the operator as a carrier. The CRTC’s processes are different from those used by Industry Canada and the Commission could theoretically subject the operators to a different standard.

Is it possible that an operator will be Canadian enough to hold an Industry Canada license, but not have enough maple syrup and Timbits in their veins to pass CRTC scrutiny?

Will this add a delay to start-up schedules?

Technorati Tags:
AWS, new entrant

Once again, a diverse group of stakeholders south of the border is looking at how to achieve universal accessibility to broadband internet service.

A loyal reader pointed me to a story in yesterday’s Washington Post that describes a group of technology and telecom companies, unions and public interest groups agreeing to develop a roadmap to deliver affordable high-speed Internet access to every consumer.

An article in Network World yesterday points to Cisco’s renewed call for a national broadband strategy.

Momentum is building for a national broadband strategy to be a priority for economic renewal in the new Congress and the Obama administration.

When will Canada look at how we can deliver broadband to the doorsteps of all Canadians and go further – to encourage more of our households to come online? Can a consensus approach be developed?

Technorati Tags:
broadband

There is a little action in the comments on Michael Geist’s blog that asks the question of whether Canada really needs its own anti-spam legislation.

In his article in the Toronto Star this week, Professor Geist charges that Canada has become a haven for spammers. But the Facebook suit against Montreal spammer appears to have been able to proceed successfully through the US courts.

Would Canadian legislation have been as effective, let alone achieve more success? Whenever existing laws are able to shut down video and software copyright violations, we are told this is evidence of why no new legislation is required.

So let me ask the question: Why does Canada need its own anti-spam law?

Don’t get me wrong. I am not in anyway condoning spam.

I just think Do Not Call List legislation demonstrates what can go wrong with technology specific laws. Why can’t existing fraud laws and civil suits be applied to criminal internet activities?

The Star article acknowledges that:

In light of its profit-making potential, no amount of antispam legislation will completely eliminate the problem.

Worst case will see us get it wrong and introduce costs on legitimate businesses while doing nothing to stem the flow of the real garbage filling our inboxes.

Technorati Tags:
spam, Michael Geist

I don’t think I ever met anyone who was as passionate about this country as Ted Rogers. He loved Canada as much, if not more, than he loved the communications business. And all of us in the world of telecommunications have been touched by the influence of Ted’s communications empire, successfully bundling and converging broadcasting, cable TV distribution, wireline telecom, fixed and mobile wireless, together with so many content properties.

I first met Ted nearly 19 years ago, when I was part of the team that put together the business plan for competitive long distance under the Unitel banner. I had responsibility for the capital budget and faced an intense grilling from the board, led by zinger after zinger from Ted. That meeting was my first cross-examination; after that session, CRTC hearings were a breeze.

My favourite recollection was Ted coming to The 2007 Canadian Telecom Summit. As we gathered for lunch, we had the leadership of Canada’s industry together for a memorable moment. When he approached the registration desk, he was greeted by Susie, who was introduced to him as “Mark Goldberg’s wife.” Ted said “Mark Goldberg. Now there’s a great Canadian entrepreneur.”

I don’t hold a candle to Canada’s greatest entrepreneur. He will be missed.