CRTC Review of the Internet Traffic Management Practices of Internet Service Providers

July 6 — July 14, 2009
Conference Centre – Outaouais Room
140, Promenade du Portage
Gatineau, Province du Québec
Canada

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The CRTC hearings are being held to establish guidelines on practices that internet service providers use to manage traffic and congestion on their networks.  Among the issues under consideration: reducing the speeds of certain Internet applications such as peer-to-peer traffic, establishing usage allowances and/or limits on usage, and whether such practices potentially favor existing providers by protecting their other businesses from competition.

Hearing Transcripts

The official written transcripts of the CRTC hearing proceedings, primarily in English, released by the Canadian Radio-television Telecommunications Commission.

July 6, 2009 — CRTC Web Document

July 7, 2009 — CRTC Web Document

July 8, 2009 — CRTC Web Document

July 9, 2009 — CRTC Web Document

July 10, 2009 — CRTC Web Document

July 13, 2009 — CRTC Web Document

July 14, 2009 — CRTC Web Document

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Hearing Audio

Unfortunately, audio from the session of July 6 is not available at this time.  Please consult the official written transcripts provided above. Also, hearings in Canada often feature speakers that switch fluidly between English and French when delivering testimony or answering questions. The vast majority of the hearing was conducted in English. On July 13th, there was some extended testimony delivered in French. Some Bell employees flipped back and forth between English and French during their testimony as well. Therefore, for those who are not bilingual, we have included a special audio file recorded from the simultaneous English translation feed on that day.

July 7, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Two – Morning & Afternoon Session — Gatineau, PQ – July 7, 2009 (207 minutes)
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July 8, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 1) — Gatineau, PQ – July 8, 2009 (57 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 2) — Gatineau, PQ – July 8, 2009 (42 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 3) — Gatineau, PQ – July 8, 2009 (25 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 4) — Gatineau, PQ – July 8, 2009 (78 minutes)
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July 9, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 9, 2009 (68 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 9, 2009 (56 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 9, 2009 (37 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 4) — Gatineau, PQ – July 9, 2009 (48 minutes)
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July 10, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 10, 2009 (73 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 10, 2009 (41 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 10, 2009 (29 minutes)
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July 13, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Five – English Translation Feed — Gatineau, PQ – July 13, 2009 (281 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 1) — Gatineau, PQ – July 13, 2009 (33 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 2) — Gatineau, PQ – July 13, 2009 (91 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 3) — Gatineau, PQ – July 13, 2009 (66 minutes)
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p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 4) — Gatineau, PQ – July 13, 2009 (67 minutes)
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July 14, 2009

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p style=”text-align: center;”>CRTC Hearing: Day Six – Morning & Afternoon Session — Gatineau, PQ – July 14, 2009 (159 minutes)
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Recordings courtesy of: “Bonkers”

The audio from this morning’s conference call to introduce the legislation follows at the bottom of the page. Participants were: Rep. Eric Massa (D-NY), Ben Scott, policy director of Free Press, and Phillip Dampier, founder of StoptheCap!

WASHINGTON, D.C. – Today Congressman Eric Massa formally introduced the Broadband Internet Fairness Act, H.R. 2902. The drafting of the bill was prompted by thousands of constituents and industry experts who voiced their concerns in regard to the outrageous increase in fees proposed by broadband providers.

In April, when Time Warner Cable in Rochester announced that they would begin overcharging customers based on their bandwidth usage, a group of doctors approached Congressman Massa and informed him that if the proposal was enacted, they would be forced to raise rates on their patients. Time Warner’s new program would have raised the cost of their current unlimited internet plan from $50 per month to $150 per month, tripling customers’ monthly bill. The proposed increase in rates gouges customers and limits competition between internet video sites and cable networks that offer identical content. The intended result of this increase would be to reduce the public’s internet usage and send customers back to cable television.

The Broadband Internet Fairness Act will prevent the monopolistic rate increases of broadband companies by promoting the interests of broadband customers. Specifically the bill:

·    Requires internet service providers (ISPs) to submit plans to the Federal Trade Commission (FTC), in consultation with the FCC if they plan to move to a usage-based plan;

·    Prohibits volume usage plans if the FTC determines that these plans are imposing rates, terms, and conditions that are unreasonable or discriminatory;

·    Sets up public hearings for plans submitted to the FTC for public review and input;

·    Only affects internet providers with 2 million or more subscribers;

·    Imposes penalties for broadband ISPs that ignore these rules;

“Access to the internet has become a critical part of our economy and we can’t let corporate giants limit the public’s access to this important tool,” said Congressman Eric Massa. “The Broadband Internet Fairness Act is all about protecting consumers from outrageous internet overcharges and giving the public a voice in this process. I have taken lots of time to work on this bill and have consulted with my constituents and industry experts. Now the hard work of passing this bill begins.”

“Cable providers want to stifle the internet so they can rake in advertiser dollars by keeping consumers from watching video on the Internet.  But so long as Americans can’t choose which cable channels they want to pay for, I don’t think cable operators should be able to determine consumers’ monthly internet usage. Additionally, charging based on a bandwidth usage is a flawed model when the cost of usage is totally out of line with the price. Consumers are much better served by plans based on the speed of the connection rather than amount of bandwidth used. Competition is crucial to our economy and I refuse to let monopolistic corporations dominate the market and gouge my constituents.”

Conference Call to Introduce HR 2902 – the Broadband Internet Fairness Act – Washington, DC & Rochester, NY – June 17, 2009 (26 minutes)
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For those who tried to watch the live stream from this past Monday’s Internet Town Hall from Toronto, it was a process that demonstrated the limitations of broadband service in Canada.  Evidently the hotel broadband connection was inadequate for the task, and the stream suffered ongoing video and audio problems for the duration.

An audio podcast version has now become available and is included below.  Because the event runs nearly two hours, you may wish to download the audio and listen on the go.  If you want to listen here, remember that the audio player will only work as long as you remain on this page.

Internet Town Hall On Canadian Broadband/Net Neutrality Issues – Toronto, June 8, 2009 (1 Hour 50 minutes)
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Gazing into our future, unless Internet Overcharging stops before it gets started (Photo: Sean McGrath)

Americans have a lot to learn.  Our neighbors to the north have been living our broadband future, and it’s time to start paying attention.

Broadband providers that want to implement their Internet Overcharging schemes often claim that this isn’t unprecedented.  People in Canada, Australia, New Zealand, and a few other countries already face a broadband service hobbled by arbitrary limits, and ‘you don’t hear them complaining.’

Except you do.

The Canadian broadband market is remarkably similar to our own.  A very comfortable duopoly of providers – one cable operator and one telephone company provide the vast majority of Canadians with their Internet service.  Several smaller independent providers, typically reselling access to Bell Canada’s network they’ve contracted to obtain at wholesale pricing, make up most of the rest.

Five years ago, those two providers clawed each other fighting for market share, and independent providers were popping up to provide more flexible broadband accounts for those looking for lower pricing or different speeds.  Canada rose to second place in broadband among the 30 nations that belong to the Organization for Economic Cooperation and Development (OECD).

Evidently, the price and service war ended with a truce in the last 24 months.  Then came the classic signs of Internet Overcharging: new restrictions and limits on usage, overlimit and penalty fees for exceeding those limits, a slowdown in competition to build better infrastructure offering higher speeds, and even “traffic shaping,” which in reality means artificially restricting selected services moving across a broadband network.

Rogers Internet Overcharging limbo dance reduces usage allowances on new customers. (click to enlarge)

Even more irritating for customers, rate increases accompanied all of these new restrictions.  Rogers Cable, which helped get the ball rolling on Internet Overcharging schemes, raised broadband rates March 1st and then announced a “free speed upgrade” this past month, bringing their broadband speed in Toronto to 10Mbps for $45.26US per month, before taxes, with a 60GB limit and “traffic shaping.”

Customers looking for cheaper broadband from Rogers have been subjected to a reduction in the usage allowance since the Internet Overcharging schemes began.  Now, customers looking for the least expensive plan pay $26.23US per month for 500kbps “broadband” with a usage limit of 2GB per month.  Exceed that, and your overlimit penalty fee is an enormous $5.00CAD per gigabyte.  When the first Internet Overcharging scheme was introduced, “lite” customers could use up to 60GB per month.  It’s just more evidence that when broadband companies are allowed to implement Internet Overcharging schemes like this, the broadband limbo dance begins, with customers facing smaller and smaller “allowances” at the whim of the provider.

Rogers competition, primarily from Bell Canada, did what can be expected in a lightly competitive marketplace — they announced Internet Overcharging schemes of their own, trapping many Canadians into restrictive broadband service from every provider around.

Canadians hate the schemes, despite broadband industry propaganda that suggests customers didn’t mind paying more for less.

“Broadband in this country has completely stalled,” Stop the Cap! reader Brent, living near Ottawa wrote to us.

For several years, everything was heading in the right direction in Canada.  Broadband service was extending from cities into smaller towns and communities, even in the Prairies, BC and Alberta, which have much more empty space between developed communities.  Here in Ontario, Rogers and Bell are the dominant companies.  It was bad enough when Rogers starting using traffic shaping to slow down things like peer to peer services, so you often find your speeds slowing down by half or more.  Internet video is not as common in Canada because services like Hulu see the usage allowances and don’t bother to come here, because people can’t afford to watch them.  But some independent producers do have online video, that they freely distribute using peer to peer.  It’s throttled by Rogers, though, so it takes forever to load.

Then their cap came.  We get 60GB per month on our service.  I have a wife and two teenage daughters.  Everyone is online here.  Between all of us, 60GB is never enough, and we have to constantly watch them because they like to have friends over to do things on the computer together.  We have to keep track of everything they do, and there are fights all of the time about who used what.  You can never relax when you are online anymore, because you have to always be worried about what something might cost you.

Even worse, Rogers interferes with your service when you reach 75% of your allowance by injecting a warning banner on your web browser to tell you that you are approaching your limit for the month.  That process forces their announcement onto web page after web page, and you’ll know it because half the time those pages with a warning banner take much longer to load, if they load properly at all.  It doesn’t matter what page you are looking at, or who runs it.  Rogers feels they can put their banner on it.

I spent two weeks in the States at a friend’s home who had Verizon FiOS and I couldn’t believe the difference.  Using Canadian broadband and comparing it to Verizon FiOS is like the difference between dial-up service and the broadband service we used to have in this country.

Bell is now going to force limits on wholesale accounts as well. All of the independent companies that don’t currently have caps and allowances will now have to impose them, cutting off the last competitive choices we had.  It’s a nice racket.

Reading the American papers, it’s all familiar to me.  It’s the same things we were told.

• There are “Internet hogs” using “too much service” so we have to charge them more.
• We have to use the extra money to build better networks.
• We need to traffic shape to make sure everyone can use our service.
• It’s about fairness for everyone.

No. It’s about getting more money from you and pocketing it.  The people they stereotype as “Internet hogs” turn out be ordinary families.  Just because we may not know about some of the Internet cutting edge services becoming available, our kids do.

Canada’s providers aren’t using the all the extra money to build better networks, they are just treating them as profits.  Our speeds are still slower than Americans get. They reduced the usage allowances on many people even further. They still traffic shape even on the networks they claim they were “improving.”  Everyone’s Internet bill went up.  Nobody is saving anything.  There is nothing fair about duopoly pricing.

Dr. Michael Geist

Brent’s point about Bell Canada imposing Internet Overcharging schemes on their wholesale business accounts rings familiar.  Earthlink wanted to sell its broadband Internet service that travels across Time Warner Cable’s lines at the current unlimited pricing they charge today.  Whether they would be allowed to do so under TWC’s original Internet Overcharging proposal was highly doubtful.

Independent providers in Canada are upset about Bell Canada’s attempt to impose new limitations on their wholesale accounts, because it threatens their existence.

Two weeks ago, Dr. Michael Geist appeared before the Standing Committee on Transport and Communications to discuss the state of telecommunications in Canada.

Geist, a law professor at the University of Ottawa and noted expert on the state of Canadian broadband, called the developing situation in Canada “a crisis.”

Limiting competition and throwing your duopoly weight around has been a hallmark of insufficient oversight and regulatory control in under-competitive markets and Geist brought examples of providers engaged in mischief:

• Telus blocked access to a union supporting website during a labour dispute, blocking more than 600 other sites in the process
• Shaw advertised a $10 premium surcharge for customers using Internet telephony services opening the door to creating a competitive advantage over third party services
• Rogers currently degrades the performance of certain applications such as BitTorrent, widely used by software developers and independent film makers to distribute their work
• Bell openly throttles BitTorrent traffic, a practice that has been challenged before the CRTC

Bill St. Arnaud

Competition can provide some answers, but not all.  It’s obvious new laws are required to put a stop to Internet Overcharging while real competition can develop.

As Stop the Cap! has documented, when fed-up municipalities reject their status as a “broadband backwater” and seek to deploy the advanced fiber networks that they need to spur economic growth and development, incumbent providers engage in lawsuits and delay tactics.  But in many communities, in the end, the threat of municipal competition finally forces those networks to commit to the upgrades they refused to provide earlier.

Bill St. Arnaud, Chief Research Officer for CANARIE, ponders Canada’s future as the country slips further and further behind in OECD rankings because of the broadband duopoly in the country.  Speaking with CBC Radio’s Nora Young, who hosts Spark, a twice-weekly radio program about technology and culture, he contemplates a solution to this problem that builds on the Obama Administration’s broadband stimulus program in the United States — by publicly funding an advanced “fiber to the home network” and then open it up to all providers to compete for customers.

Audio Clip: Bill St. Arnaud Appears on CBC Radio’s Spark – June 3, 2009 (11 minutes)
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For your convenience, I have compiled a package of media on the 1st Quarter Results for Time Warner Cable, including audio from this morning’s investor conference call, and copies of the reports for your review. You must remain on this page to stream audio clips.

A cue sheet is referenced below for the different audio actualities.  The complete conference call is available for download as an MP3 file.

Audio Actualities

Cut 1: Time Warner CEO Glenn Britt introduces earnings results, and touches on general economic conditions & competitive risk (3:51 minutes)

You can download the clip and listen later.

Cut 2: Time Warner EVP and Chief Financial Officer Rob Marcus talks about broadband results (0:20 minutes)

You can download the clip and listen later.

Cut 3: Time Warner EVP and Chief Financial Officer Rob Marcus notes subscriber results deteriorated in the last few weeks. (0:23 minutes)

You can download the clip and listen later.

Cut 4: Time Warner EVP and Chief Financial Officer Rob Marcus breaks down subscriber growth by product (0:22 minutes)

You can download the clip and listen later.

Cut 5: Time Warner EVP and Chief Financial Officer Rob Marcus discusses the reduction in capital spending (1:08 minutes)

You can download the clip and listen later.

Cut 6: COO Landel Hobbs reviews competition and its impact on Time Warner Cable (1:42 minutes)

You can download the clip and listen later.

Cut 7: COO Landel Hobbs on how Time Warner Cable will make investments in its platforms in this quarter and beyond (3:51 minutes)

You can download the clip and listen later.

Cut 8: Q&A – What impact has the usage based metering trial had on the company and what about DOCSIS upgrades? CEO Glenn Britt answers. (2:10 minutes)

You can download the clip and listen later.

Cut 9: Results on the Road Runner Turbo product and its impact on profits. EVP and Chief Financial Officer Rob Marcus answers. (0:19 minutes)

You can download the clip and listen later.

Cut 10: Q&A – How will online video impact Time Warner’s video business model, and are programming costs still increasing? EVP and Chief Financial Officer Rob Marcus answers and CEO Glenn Britt follows up. (3:46 minutes)

You can download the clip and listen later.

Cut 11: Q&A – What fiber product created more competition for Time Warner Cable in the last quarter? COO Landel Hobbs answers. (0:24 minutes)

You can download the clip and listen later.

Entire Event: 1st Quarter 2009 Time Warner Cable Investor Conference Call (54:48 minutes)

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Time Warner Cable Documents

04/29/2009      Time Warner Cable Inc. to Report First Quarter 2009 Results

All documents are in Adobe PDF format.

Time Warner Cable 2009 First-Quarter Results 436.9 KB

Time Warner Cable 2009 Updated Trending Schedules 61.2 KB

Time Warner Cable 2009 First-Quarter Slide Presentation 294.8 KB