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Rogers Admits New Net Throttling, Slow to Disclose to the Public

Rogers has been hit with a complaint about its throttling practices but has been very slow amend its public disclosure documents as required by the CRTC.  Complaints began appearing online earlier this fall, with users noting that Rogers was degrading P2P uploads and downloads.  Torrent Freak details what happened next - a complaint to the CRTC, an attempt to downplay the issue, and finally an acknowledgement that the traffic management requires a change in publicly disclosed policy.

CBC on the Throttled Fundraiser For Sick Kids

CBC reports on Brad Fox's appearance before the CRTC this week, when he described how Bell throttled an online fundraiser in November 2008 when it was mistaken for P2P traffic.

Update: Brad Fox provides further details on the couchathon and the traffic shaping.

Wednesday July 8, 2009
Did the CRTC Misunderstand the CAIP Throttling Case Against Bell?
Today's CRTC network management hearing featured some stunning discussion on the throttling of wholesale services that undoubtedly left many observers wondering whether the Commission actually understood what it was doing in the CAIP throttling complaint against Bell (CAIP has asked the Commission to reconsider the decision).  The discussion started when MTS Allstream adopted the position that dominant carriers should not be permitted to throttle or traffic shape at the wholesale level.  In other words, any traffic management practices should be limited to the ISP that interacts directly with a customer at the retail level.  MTS argued that the wholesale service (known as GAS or Gateway Access Service) is more like a private virtual network, where the ISP is purchasing capacity.  The GAS is not strictly an Internet service and MTS assured the Commission that the use of the wholesale services should not have a congestion impact on the carrier's retail Internet services. This is relevant since the CAIP complaint involved GAS.  CAIP was concerned that Bell's throttling was being done not to relieve congestion, but rather for competitive reasons.  It believed that Bell was concerned that independent ISPs would offer retail customers non-throttled services (which ISPs like TekSavvy did), which might lead some to consumers to leave Bell (which they began to do).  Of course, this is an illustration of why competition would address many net neutrality concerns (assuming consumers can choose an alternate provider).  Yet Bell's approach was to throttle everyone's service at the retail and wholesale level, so that this form of competition would be eliminated.  And the CRTC, perhaps not even understanding the specifics of the services at issue, let them get away with it.
crtc net neutrality

Today's CRTC network management hearing featured some stunning discussion on the throttling of wholesale services that undoubtedly left many observers wondering whether the Commission actually understood what it was doing in the CAIP throttling complaint against Bell (CAIP has asked the Commission to reconsider the decision).  The discussion started when MTS Allstream adopted the position that dominant carriers should not be permitted to throttle or traffic shape at the wholesale level.  In other words, any traffic management practices should be limited to the ISP that interacts directly with a customer at the retail level.  MTS argued that the wholesale service (known as GAS or Gateway Access Service) is more like a private virtual network, where the ISP is purchasing capacity.  The GAS is not strictly an Internet service and MTS assured the Commission that the use of the wholesale services should not have a congestion impact on the carrier's retail Internet services.

This is relevant since the CAIP complaint involved GAS.  CAIP was concerned that Bell's throttling was being done not to relieve congestion, but rather for competitive reasons.  It believed that Bell was concerned that independent ISPs would offer retail customers non-throttled services (which ISPs like TekSavvy did), which might lead some to consumers to leave Bell (which they began to do).  Of course, this is an illustration of why competition would address many net neutrality concerns (assuming consumers can choose an alternate provider).  Yet Bell's approach was to throttle everyone's service at the retail and wholesale level, so that this form of competition would be eliminated.  And the CRTC, perhaps not even understanding the specifics of the services at issue, let them get away with it.

CFTPA on Bell's Throttling Practices

P2PNet points to a submission from the Canadian Film and Television Production Association that argues that Bell's throttling practices unduly disadvantage P2P content, P2P apps, and end-users accessing legal P2P content.

Is Throttling Necessary?

CBC's Search Engine has a great podcast that tries to answer the question that will dominate the CRTC's net neutrality hearing - is throttlng actually necessary?

CRTC Bell - CAIP Throttling Decision Tomorrow

The CBC reports that the CRTC will release its much anticipated decision on Bell's throttling practices on Thursday morning.

CRTC To Rule on CAIP v. Bell Case By October 31st

The CBC reports that the CRTC has advised CAIP and Bell that it will issue its decision in the throttling case by October 31st.

CAIP Responds to Bell in Throttling Case

The CBC reports on the CAIP's final response to Bell in the throttling case.

Google Responds to the CRTC Throttling Case

The CBC reports on some of the responses to the CRTC's throttling case between Bell and CAIP, with Google among those coming out strongly against Bell's position.

Apple iTunes to Offer Downloadable Movies in Canada

Apple has announced plans to offer downloadable movies in the Canadian market. The development points to the two big policy issues of the moment - first, will these downloaded movies face ISP throttling in light of the competition with ISP's own video-on-demand services? Second, why does Industry Minister Jim Prentice insist that a Canadian DMCA is needed to facilitate new business models in Canada when the market seems quite willing to do so without legislative intervention?

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