新法规和上次推翻的差不多 - Internet pay by speed or usage

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http://business.financialpost.com/2011/11/15/crtc-offers-compromise-plan-on-internet-billing/

TORONTO — The country’s independent Internet service providers were hit Tuesday by a regulatory ruling allowing major network owners such as BCE Inc. to charge “significantly” higher rates for wholesale Internet access.

Though affecting less than 10% of Canadian retail Web users, the decision holds broader implications for competition in the sector if some smaller Internet Service Providers (ISPs) cannot afford the hikes and are squeezed out of the market.

“The issue is that [wholesale] ISPs need to compete to give consumers choice, and if these rate hikes mean they can’t, there’s going to be less choice,” said Bill Sandiford, president of Canadian Network Operators Consortium, a trade body representing scores of small providers.

In its ruling, Canadian Radio-television and Telecommunications said it is allowing large Internet providers to use a new model of usage-based billing for wholesale Internet services based on capacity.

The decision means large companies can charge wholesale Internet providers for network access based on either the existing flat-rate model or a new capacity-based billing model.

Under the new capacity-based approach — which the commission believes offers enough flexibility for smaller IPSs to offer competitive retail services without capping bandwidth — independent ISPs will have to determine at the beginning of every month the amount they need service their retail customers and then manage network capacity until they are able to purchase more.

BCE, the largest network owner in the country, has been leading the push among the big operators pushing for tariff hikes, arguing through numerous hearings that surging traffic volume now requires higher rates to invest in capacity.

While regulators rejected many of the terms in BCE’s latest proposal, the company’s head of governmental affairs said the commission nonetheless selected the “correct” model.

Senior vice-president Mirko Bibic said the decision gives independent ISPs full flexibility to devise their own pricing structures while rates will only rise for the heaviest users. Further, while “capacity” costs will climb, “access” fees have been lowered.

Mr. Bibic said it was “too early” to determine whether the decision was revenue-positive for BCE, the country’s largest telecommunications firm as well as other major network owners such as Telus Corp., Rogers Communications Inc. and Shaw Communications Inc.

The decision is the culmination of a long-running regulatory war between BCE and the scores of ISPs that lease access to its network and resell it. The issue was dragged into the national spotlight in January when Bell won regulatory permission to impose so-called “usage-based billing” onto the smaller companies.

The Montreal-based former phone monopoly successfully argued that network congestion requires the heaviest users to pay more, regardless of whether they were Bell retail subscribers or customers of a wholesale provider.

The January decision ignited a consumer backlash led by activist groups such as Open Media, which warned the small sub-sector faced being wiped out — and, more important, of the upward pressure it could place on retail prices generally as a result. A wave of public scorn hit Ottawa ahead of the May federal election, quickly turning into a hot-button issue for a minority Conservative government and opposition parties alike.

On Feb. 3, the federal cabinet advised the CRTC that if it did not review the decision and come back with a new one, it would be reversed completely.

The hearings in the summer produced consensus among most, including many small ISPs, that the existing flat-rate model would need updating, according to Chris Peirce, head of regulatory affairs at MTS Allstream Inc.

Tuesday’s decision, which leaves Allstream’s enterprise market unaffected, but Mr. Peirce agreed “questions” about residential wholesale rates remain, rates some smaller providers said Tuesday they will be challenged to afford.

Without competition from wholesalers in either the business or residential markets, “things will settle into a world where prices are going up,” the executive said before the decision.

The question now is if cabinet will once again review the ruling, or, with a majority secured, whether political appetite has waned.
 
need to fight against it

hey...ppls it is time to show our strength
 
http://www.cbc.ca/news/politics/story/2011/11/15/pol-crtc-ubb-decision.html

Decision allows internet wholesalers to charge based on speed, not volume

Small companies selling internet services will likely be paying for download speed under a decision announced by Canada’s telecommunications regulator.

The companies, which buy their internet services from larger established providers such as Rogers and Bell, were fighting an application to the CRTC by Bell to charge more to wholesale customers.

The CRTC's decision, announced Tuesday, gives established providers two options for charging independent internet service providers — a flat rate or a rate based on capacity and the number of users.

Bell had asked to be able to charge based on the total volume of internet data used by its wholesale customers. The regulator rejected that model.

The capacity rate model charges based on the speed of the service — meaning the small ISPs will be paying for the size of the pipe, not the amount of data that flows through the pipe. And it means small ISPs will have to pay more to provide faster internet to their customers.

The CRTC requires Bell and Rogers to allow the smaller companies to use their internet infrastructure and regulates the price which they can charge for it.

The regulator initially approved Bell's pitch to charge fees for going over set bandwidth limits, but the Conservative government pushed back soon after the January 2011 announcement.

Prime Minister Stephen Harper favoured a review of the decision, and Clement announced on Twitter that the government was asking the CRTC to take another look.
Clement 'was right'

Konrad von Finckenstein, chair of the CRTC, says the regulator made a mistake in deciding last year to allow Bell to raise its prices for independent service providers.

"Our original decision was clearly not the best one. It was wrong and it was pointed out by a lot of people, including Minister Clement. He was right. We have today fixed it, we have made this new decision," von Finckenstein said.

"The bottom line is that you as a consumer will not face a cap or limitation of use because of anything mandated by the CRTC. Any kind of cap or limit, payment per use, that you will have to pay is because your ISP decides to charge you, not because we mandate it."

Clement responded on Twitter, writing that von Finckenstein's comments were "gratifying."

Another part of the decision will force the small ISPs to plan how much internet they expect to need. If they require more than they'd planned for, they will need to buy more capacity from the established providers.

Part of the rationale for going with a capacity model is that it costs more for the infrastructure to provide faster internet. The infrastructure is much of the cost for providers like Bell and Rogers, who are the only ones who directly reach consumers' homes.

NDP Digital Issues critic Charlie Angus pointed out in a statement that the decision only affects about six per cent of the market, those who buy their services through smaller ISPs. Angus said he'd like to see the government do more to protect consumers from "unfair billing practices and bandwidth caps."

"Allowing big telecom companies to reach into the pockets of struggling families and ask for even more money is just plain wrong," Angus said in the statement.

Steve Anderson, who leads a group that lobbies for cheaper internet and more competition in the industry, says the CRTC took "a clear step in the right direction."

"It's not going to fix the broken telecom system. Canadians before this decision already paid some of the highest prices for the internet in the industrialized world," said Anderson, head of Open Media.

"It shows the power Canadians have when they speak out on something. It shows Canadians can change policy and change politics in this new digital era when everyone has a voice."
Large providers vs. independents

The dispute was between companies, such as Bell and Rogers, which own the cables and other infrastructure, and small internet service providers, which rent network access wholesale from those companies and sell it to customers. The small ISPs often sell internet services at a lower price than the mainstream companies and with no monthly limits on bandwidth.

After the government demanded a review of the CRTC's original decision last winter, the regulator held hearings to examine new proposals and get feedback from consumers, industry groups and internet providers.

The review generated thousands of submissions through an online public consultation and included several days of public hearings in July. The CRTC heard a number of new ideas for how retail internet should be priced:

Bell made two proposals, the first, which included usage-based caps and overage surcharges, was met with harsh criticism. Its final proposal was that independent ISPs be charged 17.8 cents per gigabyte of usage.
The Canadian Network Operators Consortium, which represents small ISPs, proposed a "95th percentile model," in which charges would be based on the measured peak network traffic travelling at the point where the independent ISP's network joins the network of wholesale network providers such as Bell.
MTS Allstream, which buys wholesale network services from companies such as Bell in some areas and rents its network to independent ISPs in other areas, proposed that wholesale providers charge independent ISPs based on the capacity of the link between the wholesaler's network and the independent's network. The price includes the cost of upgrading other parts of the wholesale provider's network to accommodate traffic from the independent ISP for the next 10 years.
 
This is the letter from openmedia.ca:


This is what we’ve been waiting for. Together we’ve stopped Big Telecom’s plan to impose usage-based billing (Internet metering) on all Canadians. Big phone and cable companies tried to rig the market but they were caught red-handed.

A year ago the CRTC decided that big telecom giants could force their small competitors to adopt metered billing. This would have killed Big Telecom’s independent competitors, and it would have meant a more expensive and controlled Internet for all Canadians. It was this outrageous move that led OpenMedia.ca to launch the now half-a-million strong Stop The Meter petition that forced the CRTC to reconsider their plan.

Yesterday, finally, the CRTC pulled back from its mandatory metered billing decision. This decision won’t stop all big telecom metering, but it could provide a much needed unlimited, independent option for many Canadians. It is truly rare for people to outmaneuver Big Telecom lobbyists, but together, we did it. Thank you for playing a crucial part in safeguarding the affordable Internet.

We changed the foundation of Internet billing in Canada—that’s a game changer—but we’re concerned that uncompetitive pricing may be buried in the pages of the policy that the CRTC released yesterday. We’ll study the details of this decision closely in the coming days and, with your help, take whatever action is necessary to push for fair pricing.

What’s next?

We held the line on Internet affordability and prevented Big Telecom from taking complete control, but they still dominate about 94% of the Internet service market. This is why Canada is still falling behind the rest of the world on speed, pricing, and (as we all know) customer service.

Big Telecom makes record profits while Canadians are overcharged and disrespected. Those profits are then used to lobby for more control and price-gouging. Now more than ever we need to break this cycle.

The only thing Big Telecom companies understand is their bottom line, so let’s hit them where it hurts. Let’s get as many Canadians as possible to switch to an independent provider.

Here’s what you can do now:
We know it’s not possible for everyone to switch to an independent provider right now, but let’s all please pledge to use an independent provider when it is possible.
If possible, switch to an independent provider like Teksavvy, Distributel, or Acanac who have supported our public engagement campaign, or other indie ISPs that you can find through the “Make the Switch” resource page we started here: http://openmedia.ca/switch

Here’s the plan:

Get the CRTC to allow indie ISPs to offer an unmetered Internet.

A wave of Canadians cancel their service with Big Telecom, and subscribe to an independent competitor—delivering a swift financial cannon shot directly at Big Telecom’s lobbying budget.

Businesses, civil society groups, and people across Canada work with policy-makers to fix our broken telecom system once and for all.

By pledging to make the switch, you’ll send a clear message to policy-makers that all Canadians want independent choices for Internet service.

We’ll let Prime Minister Harper and Industry Minister Paradis know how many Canadians have made this pledge.

As an active member of the pro-Internet community, your participation is key.

For our digital future,

Steve, Lindsey, and the OpenMedia.ca Team

P.S. The CRTC’s decision yesterday is likely to meet an aggressive reaction from Big Telecom. Let’s push forward for Internet openness and affordability now, while they’re still reeling from our success. Let’s get moving! Pledge to switch today.




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OpenMedia.ca is a non-profit organization that relies on donations from people like you to operate. Our small but dedicated team ensures even the smallest contributions go a long way to make your voice heard. Please donate today
 
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