Shaw's flyer distributed to Novus customers

The Supreme Court of British Columbia has thrown out Novus Entertainment’s 2009 lawsuit against Shaw Cable accusing western Canada’s largest cable operator of predatory pricing and other anti-competitive acts.

Last summer, Stop the Cap! gave considerable attention to the price war that broke out between Novus Entertainment, a fiber provider serving many Vancouver apartment buildings and condos vs. incumbent cable provider Shaw Cable.

Novus, which entered the BC market well after Shaw, faced what it alleged were incidents of fixing prices below cost and false advertising in an effort to drive competition out of the market.

At one point, last summer’s battle dropped prices as low as $30 a month for a package of HD cable, unlimited phone, and 16Mbps broadband service from Shaw.  Novus accused Shaw of recouping their losses in Vancouver from other Shaw cable subscribers across Canada who made up the difference with higher cable rates.

Novus sought relief before The Honourable Mr. Justice Greyell, in the Supreme Court of British Columbia.  Novus argued that under the recently expanded Competition Act, the court could order Shaw to cease unfair competition and face punitive fines for the cable company’s bad behavior.

Novus recited details of the price war:

Commencing February 2009, Shaw began a series of marketing campaigns specifically targeted at Novus’ existing customers in high-rise, multiple-dwelling units (“MDUs”) developments in Vancouver and Burnaby, British Columbia.

In February 2009, Shaw offered very low pricing on its Cable Television Services, Internet, and digital telephone services to certain Novus customers.  Customers were free to take one, two or all three of the services offered.  There were no contracts or commitments required:

• Cable Television Services:  Shaw’s “High-Definition TV” package including over 100 digital and HD channels, plus 1 year free rental of a high-definition personal video recorder (“HDPVR”), free for the first two months, and $9.95 for the next ten months (twelve months in total).
• Digital Telephone:  Shaw’s “Digital Phone Basic” package, which includes local calling and call display, free for the first two months, and $14.95 for the next ten months (twelve months in total).
• High-speed Internet:  Shaw’s “Xtreme-I Internet” package, free for the first two months, and $19.95 for the next ten months (twelve months in total).

In March 2009, Shaw began offering a free HPDVR to keep, plus the first month of service for free, to customers that switch back to Shaw. Customers were only required to commit to six months of pre-authorized payments.

In July 2009, Shaw offered even lower pricing than it marketed in February:

• Cable Television Services:  More than 200 digital channels, including all analogue and digital television channels, 25 high-definition television (“HDTV”) channels, a movie channel package, plus two rental HDTV set-top boxes with personal video recorder (“HPDVR”), free for the first two months, and $9.95 for the next ten months (twelve months in total).
• Digital Telephone:  Shaw’s “Digital Phone” package, including local telephone service, over a dozen calling features including voicemail, call display and call waiting, unlimited calling within Canada and the US, 1,000 International minutes to selected countries per month,”) free for the first two months, and $9.95 for the next ten months (twelve months in total).
• Shaw’s “Xtreme-I” high-speed Internet: with advertised download speeds of up to 16 Mbps, “Powerboost”, 10 personal email addresses and 100 GB monthly data transfer”), free for the first two months, and $9.95 for the next ten months (twelve months in total).

To add insult to injury, according to Novus, Shaw began advertising Internet “now 50 percent faster.”  In Novus’ opinion, the advertising implied Shaw’s Internet service was now 50 percent faster than broadband offered by Novus.

The text from Shaw’s ad read:

Feel the need for extra speed?  Shaw high-speed Internet is now 50% faster that’s fast.  Downloading your favourite music, videogames, and movies will take no time at all.  Plus Shaw high-speed Internet comes loaded with no cost extras like Powerboost, Shaw Secure and much more.  Get Shaw high-speed Internet for the amazing new price of only $19.95 per month for the first three months including modem and installation.  There’s never been a better time to order.  Call 310-Shaw today.

Signs sponsored by Shaw Cable were placed in front of buildings wired by Novus

The decision by Mr. Justice Greyell was carefully watched across Canada as it represented the first test of expanded authority granted by Parliament for courts to impose significant monetary fines against bad actors.  Commentators noted the new authority theoretically granted courts the power to determine anti-competitive activity itself — a power formerly held by Canada’s Competition Tribunal.

Those commentators need not have worried if the BC Supreme Court decision stands intact.

Mr. Justice Greyell dismissed Novus’ claims and ruled that in the absence of a determination of anti-competitive behavior by the Competition Tribunal, the court had no right to declare Shaw guilty of such behavior in the case.

“I conclude that in the absence of an order from the [Competition] Tribunal under s. 79 of the [Competition] Act, those portions of the statement of claim alleging a breach of s. 79 of the Act be struck out,” the chief justice ruled, effectively dismissing Novus’ anti-competitive claims against Shaw.

Mr. Justice Greyell also was unconvinced consumers would be confused by Shaw’s “50 percent faster” advertisement, believing the cable company now delivered faster service than Novus.

“In applying these tests to the ‘Now 50% Faster’ advertisement I am unable to conclude a reasonable person would view the words used as referring to the plaintiff’s business.  I am of the view the interpretation any reasonable person would place on the words is that Shaw is directing the advertisement to its own customers, and anyone else who might be interested, that its services are 50% faster than they used to be.  This fact is made clear by Shaw’s use of the word ‘Now’ – which implies that in the past Shaw’s services were slower and that Shaw has ‘Now’ improved the speed of its services   The advertisement makes no reference to Novus or to any Shaw competitor,” the chief justice ruled.

Novus effectively walks away from the BC Supreme Court empty-handed, and a little lighter in the wallet.  The chief justice also ruled Novus is responsible for Shaw’s legal bills associated with defending itself against Novus’ lawsuit.

Novus released this video as part of an outreach campaign arguing cable customers across western Canada should qualify for the same incredibly low promotional pricing Vancouver residents pay for Shaw Cable. (2 minutes)

We present a week of cable companies acting badly….  They charge you top dollar and leave their cables hanging all over the place.  Learn how homeowners turn in frustration to the media to correct sometimes dangerous installations that are accidents waiting to happen.  Cable Week on Stop the Cap!

If you are not a Rogers Cable customer, don’t bother calling them about problems with their cables because they don’t care.

That’s the message eastern Canada’s largest cable company had for one Toronto homeowner who thought he was being a Good Samaritan by letting the cable giant know the temporary cable they installed after a recent fire in his neighborhood had become a tangled, dangling mess.

On July 14, arsonists set four east-end garages ablaze, creating an enormous mess for utility companies whose cables were engulfed in flames so hot, they melted an adjacent homeowner’s siding right off his home despite being more than 30 meters away from the inferno.

Utility companies responded to restore service to homes between Prust and Hastings Avenues.  Temporary cables were installed by Hydro One, Bell, and Rogers.  Priority was given to service restoration, and it showed.  The resulting tangle of wire strung through fences and trees, across roofs and even along the pavement in the alley, according to a report in the Toronto Star.

While Hydro One and Bell managed to replace temporary lines with clean and neat permanent cables, Rogers left their temporary cables drooping and dangling all over the neighborhood.

The Star’s ‘Fixer’ picks up the story as a reader found an intransigent cable company unwilling to clean up their mess:

“Basically, I was told I would have to live with this mess because I’m not a (Rogers) subscriber,” said the reader.

He said wire was strung through his fence and in his neighbour’s parking space.

We checked it out and found an appalling sprawl of wires, some much larger than others, which suggests they’re major service lines, haphazardly strung through many backyards.

Rogers may not care about those who don’t buy service from them, but they do care about their image in the media.  When the newspaper called the cable company, a fire of a different kind was lit under them to get the job done.

Sarah Holland, who deals with media, arranged for a crew to go out the same day, which began work on permanent wiring Wednesday and completed the job Friday. The reader emailed again to say a “Rogers foreman just knocked on my door to have me inspect the job and ensure everything was done to my satisfaction. Now that’s service!”

Rogers Cable: Setting the Bar Lower Than Ever

Just a day after Netflix announced they are coming to Canada, Rogers Cable has responded by announcing it is lowering the usage allowances of its customers.  Stop the Cap! reader Munly writes to inform us Rogers Lite service plan, intended for occasional users, has dropped its 25GB usage allowance to 15GB per month, making it suitable for even less usage.

New customers on Rogers’ popular Extreme plan will find their usage limit cut from 95GB to just 80GB per month.  But if you accept the cut in your allowance, Rogers will increase the speed on that tier from 10Mbps to 15Mbps, allowing customers to blow through that usage limit that much quicker.

Existing customers may be grandfathered in, at least temporarily, but Rogers is notorious for eventually terminating grandfathered plans and moving customers to higher-priced alternatives.

All this from a company that claims it offers its customers “abundant usage.”

Rogers buries in the fine print the fact customers can stay with their current higher allowance if they forego the speed increase.

AND AN EVER INCREASING BILL

With the new lowered usage allowances, Rogers offers tips for customers to reduce their usage, including our favorites:

Use medium quality photos when sending them through e-mail. Your family’s cherished memories don’t deserve high resolution, even if you want to send them to a digital photo lab for printing.  Maybe you could get the kids together and have them draw copies of those vacation pictures with crayons.  At least they won’t be online using up your Rogers Internet ration.

Be aware of how others in your home use your Internet connection.  If you are not spying on your family’s online usage, it’s your own fault if we send you an enormous bill.  In the time it took you to read these tips, your kids could have downloaded over 20 e-mails, looked at more than three web pages, or watched almost a minute of online video.  Don’t make us bill you for that.

Turn off Peer-to-peer programs when you’re not downloading. Better yet, since we know you are using them to steal the content we’d like to sell or rent you, stop using them altogether… or else.

Try the tools. No, we’re not talking about us, silly.  If you are doing more than reading your e-mail or browsing web pages, look out because we’re coming for your wallet.  You can try and outwit our overcharging ways by using our usage notifications service, which will flash messages to you that we’re about to cash in on your over-usage.  Hey, don’t say we didn’t warn you!  Remember, if you use Rogers Internet to download files, stream video or music or play online games, we own you.

Does this mean I should use the Internet less to avoid paying more? Is Sarah Palin American?  You betcha.  We want to get the most out of our customers who use their Internet service too much, which is why we expose them to up to $5.00 per gigabyte if they exceed our ever-dwindling usage allowances.  Our goal is for you to feel free to use the Internet as you always have, just so long as you recognize it’s not free and that you’ll need to pay us for every web page your read, more if you dare to watch cable programming online you should be watching on our cable TV service.  The only surprise you’ll have about your bill is that we haven’t found a way to charge you even more… yet.

What About Netflix? Seriously? You weren’t really thinking of using that service on Rogers were you?  A word to the wise — we can cut your allowance down even further.  Go outside.  Read a book.  Rent a movie from Rogers Plus or enjoy some great Rogers Cable TV.

Rogers Cable’s Internet Packages

A Before And After Comparison

Rogers Old Pricing and Usage Allowances

Rogers All-New Pricing and Usage Allowances, Effective July 21, 2010

Netflix is coming to Canada.  Sort of.

Canadians will be able to sign up for Netflix’s on-demand video streaming service beginning this fall, but will Canadians be interested in using the unlimited service on their usage-limited broadband accounts?

Netflix is not planning on bringing its rental-by-mail service to Canada, instead relying exclusively on streaming its library on-demand over the Internet. Netflix currently licenses streaming rights for over 17,000 titles in its 100,000 plus library.  How many of those titles with be licensed for Canadian subscribers is not yet known, nor is an exact price for the service.  Netflix will launch for English-speaking Canadians at the outset, with French to come later.  This is the first time Netflix is making its service available outside of the United States.

But many Canadians are questioning the value of Netflix in their heavily-usage-limited country.  Most Canadian ISPs have either chosen or been forced to limit subscribers’ broadband usage.  Even ISPs that want to offer unlimited service find flat rate wholesale pricing nearly impossible to get because of Bell’s stranglehold on the market.  Cable providers like Rogers have implemented their own usage limits to boost revenue and keep costs down.

For Canadians living under an average usage cap of 40-60 gigabytes per month, adding streaming video will only eat their allowance that much faster.

“Netflix and the Canadian press covering this story have ignored the reality of bit-capped Canada,” writes Stop the Cap! reader Jeffrey from Calgary.  “I would be paying $75 a month for a broadband account and be limited in how I could use the service.  The CRTC (Canada’s equivalent of the Federal Communications Commission) has been in the providers’ pockets for years and this is why high bandwidth services bypass Canada or risk failure if offered here.”

Rogers, one of Canada's biggest cable companies, also happens to own one of the largest chains of video rental stores: Rogers Plus

Jeffrey believes Canada’s largest broadband providers, including Bell, Rogers, Shaw, Telus, and Vidéotron will never allow Netflix.ca to gain the kind of foothold it has in the United States.

“These companies all own or control Canada’s cable, IPTV, and satellite TV services, all of which are threatened by an American company like Netflix,” Jeffrey notes. “They’ve already got universal usage limits on their accounts, but these guys will also run to the CRTC and Canadian government to throw up roadblocks over everything from copyright and licensing issues to Canadian content rules and the initially ignored Québécois.”

Jeffrey believes more than anything else, Internet Overcharging schemes will serve their role in keeping would-be competitors under control.

“In Canada, we already had the debate about who gets to use our pipes for free,” he says. “Thanks to the CRTC, only the providers get to use them for free.  Everyone else pays a usage tax to them which fattens their bottom lines while stunting the growth of Canadian broadband.”

In Quebec, it’s much the same story.  Asperger notes Zip.ca, a Canadian rent-by-mail service, can get him 20 new DVD releases a month for around $25.  If he signed up for Netflix, anything beyond five DVD’s a month would put him over his limit forcing him to “pay and pay, and then pay some more.”  With Canadian ISP’s increasing their penalty rates for exceeding usage allowances, the overlimit fee could easily exceed the cost of just sticking with Zip.ca’s by-mail service.

Or, for many Quebecers, the next best alternative is Bibliothèque et Archives nationales du Québec, which offers an enormous collection of DVD’s that can be checked out for free.

Canadian press accounts of Netflix’s imminent entry into Canada have largely ignored the limits Canadian Internet providers impose on their subscribers, something readily noted by readers who comment on those stories.  Canadian consumers are well aware of their usage limits, and they avoid services that could expose them to even higher broadband bills.

Those who use their Internet service heavily, unaware of overlimit fees up to $5 per gigabyte, will be educated by bill shock when their next bill arrives in the mail.  After that, no more Netflix.ca for them.

Still, Netflix.ca will probably deliver a challenge to the already-stressed Canadian video rental market where Blockbuster and Rogers Plus duke it out for a dwindling number of renters.  Price cuts have not stopped the erosion of interest in DVD rentals, and Blockbuster is mired in more than $900 million in debt, trying to avoid bankruptcy.

The Canadian Radio-television Telecommunications Commission's support of industry-promoted Internet Overcharging schemes may limit Netflix's success in Canada.

If Netflix’s streaming library, mostly of titles two or more years old, is deemed sufficient by many Canadians, it could also cause a wave of cancellations of premium movie channels and other cable services.

The Ottawa Citizen reports some analysts believe Netflix.ca will cause an earthquake in the Canadian entertainment marketplace.

Carmi Levy, an independent technology analyst based in London, Ont., believes Canadians can expect a major entertainment industry shakeup this fall.

Levy says Netflix will sound the death knell for movie-rental services such as Blockbuster and Rogers Video and will force a pricing war among traditional cable and satellite TV providers who will be forced to scramble to keep customers.

“Netflix is not some Johnny-Come-Lately to the market. Even though they are new to Canada, they have been so successful in the U.S. that only a Canadian living underneath a rock wouldn’t be aware of their brand,” Levy said. “It’s the most seismic change to the content distribution system landscape that we have seen. It forces the incumbents to change their business model.”

Levy said the arrival of Netflix will allow casual TV watchers to cut their satellite and cable TV bills in favour of Netflix’s all-you-can-eat monthly offering. He said the $9 U.S. a month charged by the company was carefully thought out and he expects to see a similar price on the service later this year.

CBC News discussed the introduction of Netflix Canada and how it will work with Netflix vice president Steve Swasey.  (5 minutes)

CTV News and its Business News Network ran four reports on the impact usage caps might have on the service, what kinds of titles will be available, and what it means for Canada’s entertainment businesses.  (12 minutes)

TV Everywhere isn’t just for the United States.  Canadian cable operators are also threatened by cable cord-cutters, although their pervasive Internet Overcharging schemes have kept TV addicts from watching too much video online.

Both Shaw Cable (serving western Canada) and Vidéotron (best known in Quebec) have this week introduced their own online video portals providing “authenticated” cable subscribers with access to on-demand movies and television programming as an extension of their cable package.  But neither company is willing to exempt its customers from Internet Overcharging schemes which apply data caps and overlimit fees to broadband accounts.

Of the two services, Shaw Cable’s is bare bones, offering a relative handful of TV shows and a movie library.  No live video is provided, and many titles carry per-viewing fees, even for cable subscribers.  Non-subscribers face even higher fees to view programming.  Vidéotron takes a different approach, offering a video portal called Illico Web that offers on-demand and live streaming feeds of a wide range of cable networks, mostly in French for its Quebec subscriber base.

Shaw positioned its video-on-demand service as an extension of its cable service.  It hopes its announced acquisition of Canwest Global, which runs the Global television network in Canada and 18 cable networks will vastly expand its offerings in the future.

Vidéotron warns its subscribers watching its service eats into monthly broadband usage allowances.

“Technology continues to evolve with the ability to watch content on multi-platforms,” said Peter Bissonnette, President, Shaw Communications. “That’s why Shaw is investing in bringing exceptional content delivered in various ways. Our new broadband VOD Player provides our customers the convenience of watching their favorite movies and television shows when and where they want to.”

Pierre Karl Péladeau, the president and chief executive officer of Vidéotron’s parent Quebecor was more abrupt when he said on Wednesday that its TV Everywhere service would offer “an alternative to piracy.”

But in Canada, there is a catch.  Neither cable provider offers subscribers unlimited broadband service.  Both employ Internet Overcharging schemes ranging from usage caps to consumption billing schemes with overlimit penalties.  Vidéotron reminds its subscribers to “keep an eye on your Internet usage.”  That’s because they don’t exempt their online viewing service from their usage limits.  Vidéotron’s video portal does eat its way through subscriber allowances.  The company provides these estimates to help guess by how much:

Illico Web produced this video introduction to its TV Everywhere service. (French with English subtitles — 3 minutes)

An encounter with Shaw Cable’s technical support was chronicled by a Shaw broadband customer trying to reinstate service.  It seems her ‘roommate’ moved out, taking the modem with him.  That left her on the line with Shaw’s technical support trying to reinstate service with an older modem she still owned.  It wasn’t going well:

Edward [Shaw Technical Support]: Is there is splitter on this line?

Me: Um, yes but it worked with the previous modem…

Ed: Take the splitter off and plug the cable directly into the wall.

Me: Oh ok. (Grunting, tries to remove the splitter but it’s really on there good) Hey, Eddy, I can’t get this thing off. It’s totally stuck on there tight.

Ed: Don’t you have any tools?

Me: I have a hammer.

Ed: That’s not going to work.

Me: Yes, I’m aware of that.

Ed: Isn’t there anyone there that can help you?

Me: No.

Ed: So, nobody else is there? You’re alone?

Cole’s notes:
Yes, a hammer is my only tool.
Yes, I am single. And alone. Again.
Technically that’s not very supportive, Edward.

(The Liberal Party is sponsoring an online town hall meeting this afternoon at 3:30PM EDT on the issue of expanding broadband in rural Canada.  Why not join in and demand that Michael Ignatieff commit to reforming the Canadian Radio-television and Telecommunications Commission, which has landed Canada in a real broadband mess filled with Net Neutrality violations and Internet Overcharging schemes like usage caps and consumption billing.  The CRTC has been so submissive to Canadian telecom, they might as well be their trade association.

Tell him rural broadband expansion doesn’t do much good if the existing providers, which got Canada into this mess, are still in charge of running it.  Real broadband reform requires a government committed to universal broadband that works for Canadians and doesn’t simply profit from them.  Demand Net Neutrality commitments from the Liberal Party and an end to overcharging schemes.  Universal broadband doesn’t mean much to Canada if Canadians can’t use it without fear of overlimit fees and enormous bills at the end of the month. — Phillip Dampier)

Ignatieff announces the Liberals' rural broadband plan at Contact North in Thunder Bay, Ont.

The Liberal Party of Canada has promised rural Canadians they will not be left behind the digital online revolution, unveiling a promise Tuesday to deliver universal broadband access to all Canadians within three years of taking office.

Michael Ignatieff, Liberal leader made the commitment as part of a series of planks the party introduced under its “Rural Canada Matters” platform to attract support from rural Canadians, who tend to vote Conservative.

“Too many rural communities can’t get access to essential services, because we don’t have the digital infrastructure to deliver them,” said Ignatieff. “That’s why I’m committing a future Liberal government to 100 percent high-speed Internet for every rural, remote and Northern community in our country.”

According to Ignatieff, using proceeds from a 2011 wireless spectrum auction, a Liberal government would invest to achieve an interim target of 100 percent high-speed Internet connectivity of at least 1.5 Mbps. A Liberal government would also seek to set a more ambitious goal for 2017, Canada’s 150th anniversary as a country.

The Liberals blasted the incumbent Conservatives for breaking their promise to deliver rural broadband to Canadians.

In 2006, Canada’s Telecommunications Review Panel recommended the federal government achieve 100% high-speed Internet connectivity by 2010. This goal was not achieved under the Conservative government.  According to the CRTC, in 2009 close to 800,000 Canadian households still did could not access high-speed Internet – or 20% of all rural Canadians. At the turn of the century, Canada ranked second in the world in Internet connectivity, but has now fallen to tenth place.

Ignatieff announced the plan in Thunder Bay, Ontario at an Internet access center run by Contact North.  He characterized the current state of broadband in Canada as threatening the country’s economic competitiveness and quality of life for rural residents.

“While railways and highways were the essential infrastructure of the 20th century, fiber optic lines, satellites and wireless towers, are the digital infrastructure needed to connect our communities and strengthen our economy in the 21st century,” said Liberal Rural Caucus Chair Mark Eyking, “In all regions of Canada, families and businesses depend on access to the Internet and mobile phone coverage.”

New Democratic Party (NDP) MP Bruce Hyer (Thunder Bay-Superior North) praised the Liberal plan.

The Liberal Party is trying to capture an increased share of traditional Conservative Party supporters with a rural-focused agenda

“Obviously, country-wide broadband is a good idea,” Hyer told The Chronicle-Journal newspaper in Thunder Bay. “And there should be virtually no community of any size in Canada, and nowhere along the Trans-Canada, for sure, that we don‘t have high-quality mobile phone access and service. The United States has those things, and we should have them, too.”

But NDP MP John Rafferty (Thunder Bay-Rainy River) told the newspaper he’s heard it all before.

“Liberals have been talking about rural broadband access for a decade now,” he said. “The interesting thing is that he says rural Canada matters. But clearly it hasn’t mattered to Liberals for a long time, or else we would’ve had broadband.  They had a chance to do this. What they’re doing is regurgitating old promises.”

Rafferty said the Liberals first brought it up in 2001, and said then it would cost $4 billion.

“I’m not sure where he comes up with ($500 million).”

Another concern for the Liberal Party plan is the fact it relies entirely on private providers to deliver the service, something they have refused to provide many rural Canadians thus far.  In effect, the government would transfer $500 million dollars earned from large telecommunications companies buying additional spectrum and then hand it all back to those same companies to construct slow speed broadband services they can then profit from.

While many Canadian officials blame Canada’s large rural expanse for the digital divide, others blame Canada’s broadband providers who have engaged in usage-limiting schemes, increased prices, and throttled the speeds of certain broadband services.

A handful of large sized Internet Service Providers threaten to strangle Canada’s transition to a digital-ready economy.

The Globe & Mail, Canada’s largest national newspaper, this week called out the country’s broadband conditions.  The country is falling behind, says the editorial, and without fast action to change things, “the innovations that could employ our future work force could well pass us by.”

One passage should puncture Canada’s complacency: “Canada … is often thought of as a very high performer, based on the most commonly used benchmark of penetration per 100 inhabitants. Because our analysis includes important measures on which Canada has had weaker outcomes – prices, speeds and 3G mobile broadband penetration … it shows up as quite a weak performer, overall.”

The newspaper was particularly critical of current providers, and the regulatory body that oversees them — the Canadian Radio-television and Telecommunications Commission (CRTC).  Recent CRTC policies and rulings have allowed a handful of providers to place a strangehold on the Canadian broadband marketplace, reducing competition and controlling wholesale pricing and access policies.  Bell, Canada’s largest telecommunication company, was awarded approval of a policy to implement usage-based billing on the company’s wholesale accounts.  Many independent service providers obtain broadband access from wholesale accounts with Bell.  When they themselves face usage-billing, so shall customers, who now have fewer reasons to choose an alternative provider in the first place.

There is no magic recipe, but some prescriptions are worth heeding as Canada develops its Internet strategy. The report recommends open access policies, in which companies that build infrastructure for mobile and fixed broadband access are encouraged or required to lease that infrastructure to the competition.

But in Canada, limits on foreign ownership and inconsistent CRTC decisions have lowered the amount of competition needed to spur new and better offerings. There was less stimulus spending on projects to support more widespread Internet access in Canada than there was elsewhere. Decisions on related policy issues, such as copyright reform, have been delayed. A national conference on the digital economy generated buzz – ministers Tony Clement and James Moore are reputed to “get it” – but yielded few results. Our best hope to lead on Internet innovation, the Long-Term Evolution platform being developed by Nortel as a successor to 3G, is now largely in foreign hands.

The editorial provoked a response from Jay Innes, vice-president-public affairs, at Rogers Communications, one of Canada’s largest cable and wireless operators.  He sought to change the subject:

For Canada to win in a global digital economy, our country needs to establish a national vision that looks beyond the often-flawed statistical rankings of broadband infrastructure. What we need to understand is why so many Canadian households still don’t have computers, why Canada is lagging in scientific research, and how we should best promote the development of Canadian content and applications.

Internet providers called out for offering slow service at high prices routinely attack surveys that measure broadband speed as beside the point, and then just as quickly blame something else for their problems.

Innes fails to recognize that Canadian broadband service, speed, and access policies are directly on point when answering his question about the dearth of Canadian content and applications.  The fact is, with near-universal Internet Overcharging schemes like usage caps and usage-based billing, no innovative high bandwidth developer is going to plunge headfirst into the Canadian market.  When that developer realizes Canadian ISPs also have the right to artificially impede their content using “network management” speed-throttling techniques, they won’t even dip a toe in the water.

Canadian media websites, for example, contain dramatically less multimedia content for visitors to explore than their American counterparts.  Multimedia eats into your monthly usage allowance, so Canadians think twice before watching.  Hulu and other online video enterprises don’t bother to license content for Canada because usage limits and overlimit amounts discourage viewing.  Canadians who don’t want even higher telecommunications bills may simply decide the Internet is not for them, and they can get by without a computer.

If Innes wants to get in touch with his fellow Canadians, who are already well aware of his industry’s pricing and usage schemes, he can read Canadian bloggers like Éric St-Jean, who calls out Vidéotron and Bell:

It’s funny how we hear about Vidéotron‘s Ultimate Speed 50 Mbps access, and now Bell‘s Fibe 25 Mbps access and we’re told how great they are. They’re actually both humongous ripoffs, if you have even basic math skills and five minutes ahead of you. Why? They both advertise great speeds, but hidden behind those figures, in very small print, behind two or three clicks from the product pages, you’ll find abysmal monthly transfer caps. This means that, yes you have a very fast connection. But if you were to use it fully, you’d very quickly fall into a lot of debt.

Vidéotron’s transfer cap for their 50 Mbps service is at 100GB/month combined up/down – this means you will bust your cap within 5 *hours* if you were to fill your pipe. In turn, this means that you simply CANNOT reasonably use this service.  If you were to use your service fully – at 50Mbps – for the whole month, you would get a bill for $24,132.50. Granted, that’s a lot of data. But I just want to point out how ridiculous the terms of that offer are – it should not be legal.

Bell’s 25Mbps service has - get this – a 20GB transfer cap on it. They offer an extra 40GB for 5$/month. The base rate is $64.95/month (after 12 months).  The overage is charged at the whopping rate of $2.50/GB. So, if we take the base service + the extra 40GB, we’ll get to that limit within about 5.3 hours.

All I have is a 5Mbps (DSL) connection from Teksavvy. But for $43.95 I have no transfer cap at all, a fixed IP, and immediate access to support techs who’ll know what I’m talking about.  But they can’t offer more than 5Mbps.

I honestly don’t understand how the media isn’t picking up on Bell and Vidéotron’s tactics, and how this can be legal. To me it’s completely false advertising: they advertise great speeds (barely on par with the international market, though), which you can’t reasonably use. All this needs is a lawsuit.

When will we get decent Internet access in Canada?

That’s a question Innes is not prepared to answer because, for him and his provider friends, “decent” access is already here.

Innovation requires freedom to innovate.  Rationed broadband service guarantees “stick to the basics” thinking.  But as long as providers can live comfortably off the proceeds, why should they change the winning formula that provides them with financial success?

from Digg

Bell has announced it will boost broadband speeds for selected residents of Ontario and Quebec as high as 100/20Mbps service through a fiber service upgrade it will begin this year.

While Canada’s largest phone company is providing a “fiber to the neighborhood” service that still relies in part on traditional copper phone wiring in other parts of Ontario, Bell promises to install true fiber to the home connections starting in Quebec City, and in new housing developments elsewhere in both provinces.

Quebec City was chosen because most of the city’s telecommunications wiring is installed above ground on traditional telephone poles.  Upgrading above-ground service costs considerably less than coping with buried cables.  It will take the company three years to complete the upgrade.

Bell claims the upgrades are part of a natural evolution of telecommunications service in Canada.

“Investment in broadband networks and services is a core strategic imperative at Bell,” said chief executive George Cope in a statement. “We’re actively building the communications platforms that support the growth of competitive new internet, video and other digital services now and into the future.”

Competition may be the key factor in Bell’s decision to upgrade service, particularly in Quebec.  Incumbent cable provider Videotron has effectively called out Bell for its slower broadband DSL service, which offers “up to” 7Mbps DSL service.  Videotron already provides speed tiers up to 50Mbps for just under $80 a month, and is capable of expanding service to 100Mbps in the future.

In Ontario, Bell faces competition from Rogers Cable, which itself has boosted speeds after a DOCSIS 3 upgrade.  The cable operator offers residents in the Greater Toronto Area 50Mbps for $100 per month.

But two things that will come along for the ride are Bell’s notoriously low usage allowances and throttled speeds when using bandwidth-intensive applications like file swapping software.

The company did not release what usage limits are anticipated for their fiber optic offerings, but consumers acquainted with Bell service are skeptical the upgrade will be worth the price.

“Who cares what Bell’s speeds are when you cannot use the service at promised speeds,” writes Stop the Cap! reader Noelle.  “Besides, if Bell’s usual stingy limits remain in place, if you did maximize your connection, you could blow through their usage limit in an hour or so.  As usual, we get to pay for what most others get for free as part of their subscription price.”

Some other online reactions:

“Sure we’ll all have faster speeds, but Bell will make us pay through our teeth for it. Faster speeds mean less time to reach the bit-cap limit = more profit for Bell. Also everyone with an independent ISP will continue to use whatever crumbs of service Bell wishes to dole out as part of it’s non-monopoly obligations. Having a hyper-fast internet with Bell is like having a Ferrari and having to drive the speed limit everywhere. I know it can do 200mph, but Ma Bell limits me to 50. Its like throwing your money away.”

“Bell’s theoretical DSL download speed of 7Mbps is a joke.  Most people barely break 1Mbps, and after they’re done throttling you to death, you’d beg for that speed if you could get it.  I dumped the Bell nightmare years ago.”

“I can’t wait to find out what my bill will be after they charge me another arm and a leg to pay for all these upgrades.  Who cares about speed upgrades when their usage-based limits mean you cannot use them.  Instead of upgrading speed, how about upgrading your network capacity and do away with the usage limits and throttled broadband speeds?”

Metro Vancouver residents will have access to Canada’s fastest residential broadband service next Friday when Novus Entertainment launches its Net 200 tier providing 200Mbps service over a fiber optic network for $279.95CDN per month.  Customers currently paying $179.95 for the company’s 60Mbps plan will also receive a free upgrade to 100Mbps service on that same date.  No word yet on what the new usage limits will be, but Novus previously limited its 60Mbps plan to 360GB per month, unfortunate for a plan that carries such a premium price.  Novus charges 50 cents for each additional gigabyte above their various plan allowances.  Novus’ upload speeds are the same as its advertised download speeds.

Novus Entertainment has wired fiber optic cable in 33,000 large multi-dwelling units in parts of greater Vancouver, providing broadband, telephone, and television competition for incumbent cable provider Shaw Communications.  The two companies were embroiled in a nasty price war last year, with Shaw slashing prices to as low as $10 per month for video, phone, or Internet access.  To date, Novus has 9,000 subscribers, 8,200 of which subscribe to the company’s broadband service.

“We noted a recent survey by Harvard University which found that Canadians’ access to superior broadband performance and infrastructure ranked poorly among developed countries,” said Donna Robertson, Co-President and Chief Legal Officer of Novus Entertainment Inc. “While these results are disappointing, this provided Novus with the opportunity to not only take this challenge head on and provide customers with superior Internet speeds, but to also set us apart from the competition.”

Vancouver is the home of Novus Entertainment

Novus’ Net 200 will be available in selective buildings that are configured for 200 Mbps technology. With the vision of becoming one of Metro Vancouver’s major Internet and communications service providers, Novus continues to expand its service in Vancouver and Burnaby and plans to launch services in Richmond in 2010.

“Canadians want a service provider that delivers a fast Internet connection to meet their growing needs at a reasonable cost,” said Doug Holman, Co-President and Chief Financial Officer of Novus Entertainment Inc. “Yet they’re paying among the highest prices for some of the lowest speeds. Novus’ superior fibre-optic network allows us to provide our customers with best-in-class, reliable and consistent transfer speeds that the incumbents simply can’t offer.”

Shaw probably cannot match Novus’ 200Mbps service tier on their non-fiber optic cable network, but will likely continue to compete heavily on price with discounts that stun Canadians outside of metro Vancouver.  Shaw’s pricing in Novus-wired buildings is as much as $60 less than in other areas where Novus does not compete.

Novus also owns some wireless spectrum covering Alberta and British Columbia, so eventually the provider could mount a competitive challenge in the mobile telephone market, at least in western Canada.  There are rumors the company could partner with an eastern Canadian spectrum holder like Public Mobile, which owns spectrum covering southern Ontario and Quebec.  Neither company has launched service, and probably won’t for the rest of 2010, but could eventually provide additional competition in the overpriced Canadian mobile phone market.