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Bell Surprises Potential Fiber to the Home Customers With Fiber-Free Candy

Phillip Dampier October 2, 2017 Bell (Canada), Canada, Competition, Consumer News No Comments

Bell’s “candy bribe” (Image: VHS)

Bell is dispatching boxes of fiber-free candy to potential customers of its fiber-to-the-home Fibe service.

A member of DSL Reports noted Bell’s fiber was installed in his condo building in Toronto for a year, but only now has Bell gotten around to activate it.

“Bell sent me this package of candy to let me know I can sign up for Fibe,” the user ‘VHS’ noted. “Kind of funny they offered me candy.”

More amusing is the fact the candy is entirely free of any dietary fiber.

Bell’s marketing and sales teams are notorious for getting ahead of themselves, often selling service by mail and door to door that isn’t actually yet available in the area. Some customers complain they finally relent to an intense marketing campaign and wait around for an installer that never arrives, only learning later their installation order was canceled without explanation.

Great North American Broadband Ripoff: Canada, U.S. Pay Double What Europe, Asia Pays

Phillip Dampier September 26, 2017 Broadband Speed, Canada, Competition, Public Policy & Gov't 4 Comments

Prices in €. (Source: European Commission)

The European Commission’s latest study on broadband pricing shows while Europe and Asia offer consumers affordable broadband, North American providers are forcing Americans and Canadians to essentially pay twice as much for equivalent levels of service.

Just as was the case in 2015, the report found some of the most costly broadband packages in the world are sold to customers in Canada and the United States. This year, the study found the average Canadian paid more than $52 a month for standalone broadband, in the U.S. an average of $42 a month. In contrast, Europeans paid an average of $30 and Asians paid $22 a month for comparable service. Customers in the U.S. and Canada with a triple play bundle package of broadband, TV, and phone service paid more than double what their counterparts in Asia and Europe did last year.

As U.S. and Canadian providers raise broadband speeds and constrict the number of service tiers they offer, customers are forced into more expensive tiers, whether they need or want them. That further exacerbates the digital divide based on broadband affordability.

In Europe, competition in many EU member states has caused prices to drop for some types of service. Double and triple play packages offering 100Mbps or less declined in price by as much as 10.6% in 2016.

The study found:

Broadband prices for budget tiers actually dropped in Europe last year.

For the download speed basket 12-30Mbps, the EU vies with Japan and in some cases Korea showing the least expensive prices in one or more of the four service bundles. The lowest price for Double Play with fixed telephony in the €28 is also the lowest compared to all the countries analysed. The EU, Japan and South Korea have relatively similar prices when compared with Canada and, in particular, the USA.

Comparing the €28 with other countries in the world, the pattern in the 30-100Mbps speed basket is similar to the 12-30 Mbps basket. Japan is the least expensive country for three of four bundles; only Single Play is slightly less expensive in South Korea. Here, the EU28 just fail to present the lowest price for Double Play with fixed telephony. Again, the EU, Japan, and South Korea stay at more or less close compared to Canada and the USA. Alternatively, Canada is the most expensive country in three of four bundles. However, USA shows the most expensive Double Play with fixed telephony – despite considering the lowest price offers in three States there.

With regard to the 100+ Mbps basket of advertised download speeds, Japan and South Korea are decisively the least expensive markets, across all service bundles. South Korea has the least expensive offer for Single Play, Japan for Double Play including TV services. For the top download speed basket, the EU lies in mid-field between the low-cost Asian and the high-priced North American countries.

Other conclusions:

• Ultra-fast broadband offers (100+ Mbps) were still most expensive in the USA and Canada
• The least expensive offer for South Korea across all bundles was faster than 100Mbps
• Compared to Japan and South Korea, European citizens have to pay similar prices for offers of up to 100Mbps, but significantly more for ultra-fast connections.

CBS Invades Canada: Launching Its All-Access Pass Service North of the Border in 2018

Phillip Dampier August 8, 2017 Canada, Competition, Consumer News, Online Video No Comments

CBS All Access is coming to Canada, bringing nearly the entire lineup of CBS shows and features north of the border.

The service will launch in Canada in the first half of 2018, followed shortly thereafter in other countries in “multiple continents” according to CBS. CBS has not yet set prices for the Canadian market, but the price is expected to be comparable to the $5.99 and $9.99 (ad-free) options sold in the United States.

It isn’t known if CBS will also attempt to offer Showtime as an add-on abroad, but the network promises to include most of the 9,000 episodes of CBS and original programming available to Americans without annoying geographic restrictions for those abroad. Canadian viewers will also be able to watch CBSN, the 24/7 streaming news service developed by CBS News specifically for online audiences, as well as on-demand access to certain shows licensed by CBS but not seen on the network.

CBS All Access is available on smartphones, tablets, Roku, Apple TV, Chromecast, Android TV, Fire TV, and most major game consoles.

Canadian Telecom Cos. Raid Montreal Software Developer’s Home, Interrogate Him for 9 Hours

6A group of five men representing Bell, Rogers, and Vidéotron burst into the private home of a Montreal man at 8 a.m. on June 12 without notice and interrogated him for nine hours about his involvement in a search engine that helps Canadian viewers circumvent geographic restrictions on online TV shows and movies.

The lawyer representing Canadian telephone company Bell and two of the country’s largest cable companies — Rogers and Vidéotron, was backed by a bailiff and independent counsel who informed Montreal software developer Adam Lackman, founder of TVAddons and a current defendant in a copyright infringement lawsuit filed by the telecom companies, that he was “not permitted to refuse to answer questions” posed by the companies under threat of additional criminal and civil penalties.

Lackman was instructed he had one hour to locate an attorney, but was forbidden to use any electronic or telecommunications device to contact one. He was also not allowed to leave the designated room in his home where he was held unless accompanied by a corporate lawyer or court official. The men also warned Lackman’s attorney he could not counsel Lackman on his answers to their questions and had to remain silent.

“I had to sit there and not leave their sight. I was denied access to medication,” Lackman told TorrentFreak. “I had a doctor’s appointment I was forced to miss. I wasn’t even allowed to call and cancel.”

Lackman was eventually placed in a room in his home and interrogated almost continuously for nine hours, but was given a brief break for dinner and time to finally talk privately with his attorney. By the time the bailiff, two computer technicians, the independent counsel and the corporate attorney left, it was 16 hours later and after midnight. The men left with Lackman’s personal computer and phone, along with a full list of usernames and passwords to access his email and social media accounts.

“The whole experience was horrifying,” Lackman told CBC News. “It felt like the kind of thing you would have expected to have happened in the Soviet Union.”

Lackman

The telecom giants gained access to Lackman’s home with the use of a Anton Piller order, a type of civil search warrant that gives private individuals and companies acting as plaintiffs in a lawsuit full access to a defendant’s home with no warning. The order was designed to allow searches and seizure of relevant evidence at high risk of being destroyed by a defendant.

The Canadian companies were upset because of Lackman’s involvement in Kodi, an open source home theater platform that allows viewers to access stored and online streaming media. Lackman produces apps, known as add-ons, that help Kodi users access live TV streams and recorded content. Unfortunately, that sometimes occurs in contravention of geographic and copyright restrictions imposed by the Canadian companies on Canadian viewers. As a result, several large telecom companies filed suit against Lackman for copyright infringement.

“Approximately 40 million unique users located around the world are actively using infringing add-ons hosted by TVAddons every month, and approximately 900,000 Canadian households use infringing add-ons to access television content,” claims the lawsuit. “The amount of users of infringing add-ons hosted TVAddons is constantly increasing.”

The Honourable B. Richard Bell (Image: Keith Minchin)

On June 9, a Canadian Federal Court judge handed the telecom companies a victory in the form of an interim injunction and restraining order against Lackman prohibiting him from engaging in any activity that could further violate the companies’ interpretation of copyright law. The ruling also included an Anton Piller order, which critics contend often allows private companies to engage in extended fishing expeditions looking for additional evidence to further their case.

The order included the right to seize any and all data surrounding the alleged offense, including equipment, paper records, bank accounts, and anything else in Lackman’s possession that plaintiffs could argue was connected to the lawsuit. It also permitted a bailiff and computer forensics experts to assume control of many of Lackman’s internet domains including TVAddons.ag and Offshoregit.com, as well as his social media and web hosting accounts for a period of two weeks. Since the case was handled ex parte (open to only one side) by the Federal Court, Lackman was not informed or given the opportunity to present a defense.

The ruling evidently allowed the companies to believe they had carte blanche to question Lackman.

When the corporate attorney was not grilling Lackman about his own involvement in Kodi add-ons, he demanded Lackman disclose any and all information he had on an additional 30 individuals that might also be involved in services like TVAddons. That demand fell squarely outside of the range of the court order, which is designed to protect existing evidence, not permit plaintiffs to fish for new evidence to bolster their case.

After the search ended, Lackman and his attorney went to court to challenge what they believed to be one of the most shocking instances of corporate intimidation and legal abuse ever seen in a copyright case. Lackman’s attorney had little trouble convincing the Honourable B. Richard Bell, who presided over a Federal Court hearing on the matter.

Bell found multiple egregious violations of the court order, including a limit on any search to between 8 a.m. and 8 p.m. but instead lasted until at least midnight. The judge also found ample evidence Lackman’s rights were violated and he was subjected to an intimidation campaign designed to destroy his software business, leave him financially unable to mount any defense against the lawsuit, and get him to both incriminate himself and others against his will.

A court transcript reveals the real motives of Canadian telecom companies: to “neutralize the guy” that is hurting their businesses.

“It is important to note that the Defendant was not permitted to refuse to answer questions under fear of contempt proceedings, and his counsel was not permitted to clarify the answers to questions. I conclude unhesitatingly that the Defendant was subjected to an examination for discovery without any of the protections normally afforded to litigants in such circumstances,” the judge said. “Here, I would add that the ‘questions’ were not really questions at all. They took the form of orders or directions. For example, the Defendant was told to ‘provide to the bailiff’ or ‘disclose to the Plaintiffs’ solicitors’.”

Bell also saw through the plaintiffs’ questioning of Lackman about 30 other individuals that might also be allegedly involved in copyright infringement.

Lose in one venue, win in another.

“I conclude that those questions, posed by Plaintiffs’ counsel, were solely made in furtherance of their investigation and constituted a hunt for further evidence, as opposed to the preservation of then existing evidence,” he wrote in a June 29 order. “I am of the view that [the order’s] true purpose was to destroy the livelihood of the Defendant, deny him the financial resources to finance a defense to the claim made against him, and to provide an opportunity for discovery of the Defendant in circumstances where none of the procedural safeguards of our civil justice system could be engaged.”

The judge ruled the Anton Piller order be declared null and void and ordered all of Lackman’s possessions to be returned to him.

To all observers, it was a withering repudiation of the tactics used by the Canadian telecom companies suing Lackman. But deep pockets always allow lawyers the luxury of a change of venue and the telecom companies promptly appealed Bell’s ruling to the Federal Court of Appeal, requesting a stay of execution of Judge Bell’s order. The court granted the appeal on behalf of the telecom companies and allowed the plaintiffs to keep possession of all seized items, domains, and social media accounts until a full appeal of the case can be heard this fall. However, the court found defects in the execution of the Anton Piller order, and ordered the telecom companies to post a security bond of $140,000 CDN and continue the $50,000 CDN bond in case sanctions are later warranted.

Lackman intends to continue his legal fight and is raising money to cover legal expenses on the fundraising site Indiegogo. He has also set up a new TVAddons website and Twitter account and has resumed the add-on development that got him embroiled in the copyright infringement lawsuit in the first place. But Lackman seems to have at least one judge on his side.

“The defendant has demonstrated that he has an arguable case that he is not violating the [Copyright] Act,” wrote Judge Bell, adding that by the plaintiffs’ own estimate, only about one per cent of Lackman’s add-ons were allegedly used to pirate content.

Updated 8/16: The website is now back under this new URL: https://www.tvaddons.co/

FCC Gives Quick Approval of TV Station Sale That Could Speed AT&T-Time Warner Merger

REUTERS/Brendan McDermid

WASHINGTON (Reuters) – The U.S. Federal Communications Commission said on Monday it approved Time Warner Inc’s sale of a broadcast station in Atlanta to Meredith Corp, a transaction that could help speed Time Warner’s planned merger with AT&T Inc.

In January, AT&T said it expected to be able to bypass the FCC in its planned $85.4 billion acquisition of Time Warner because it would not seek to transfer any significant Time Warner licenses.

FCC Chairman Ajit Pai said previously he did not plan to use the proposed TV station license transfer as a way to examine the AT&T-Time Warner merger. About a dozen senators had urged him to review the deal.

The station that Time Warner is selling, WPCH-TV, for $70 million, is its only FCC-regulated broadcast station. It has other, more minor FCC licenses.

Meredith has operated WPCH-TV for Time Warner since 2011. It was previously known as WTBS. The station is no longer considered a superstation in the United States, after Turner Broadcasting System created a new national network it dubbed TBS. WTBS changed its over-the-air call letters to WPCH, rebranded as “Peachtree TV,” and is considered an independent television station airing off-network sitcoms and dramas. However, WPCH is still widely seen across Canada, where it remains a “superstation” after Canadian regulators refused to allow Canadian providers to carry Turner’s TBS network.

WPCH-TV, an independent TV station in Atlanta, dubs itself as “Peachtree TV.”

In a statement on Monday, Meredith said it was pleased the FCC approved the application and that it anticipated “moving forward expeditiously to close this deal.”

The company said in February it expected to close on the sale by June 30 and that the deal would not have a material impact on its results.

Time Warner did not immediately comment on the FCC approval.

The Justice Department has to prove a proposed deal harms competition in order to block it. The FCC has broad leeway to block a merger it deems is not in the “public interest” and can impose additional conditions.

AT&T Chief Executive Randall Stephenson told CNBC in February the Justice Department review was ongoing and he thought the deal would close by the end of the year.

“It’s a clean transaction,” he said.

(Reporting by David Shepardson; Additional reporting by Stop the Cap!/Phillip Dampier.)

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