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

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.

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/

Bell Acquires Manitoba Telecom for $3.9 Billion; Cell Phone Rates Expected to Rise

Phillip Dampier May 2, 2016 Bell (Canada), Canada, Competition, Consumer News, Data Caps, MTS (Manitoba), Public Policy & Gov't, Wireless Broadband Comments Off on Bell Acquires Manitoba Telecom for $3.9 Billion; Cell Phone Rates Expected to Rise

bell badBCE, Inc., the parent company of Bell Canada, has acquired Manitoba Telecom Services, Inc. (MTS), in a deal worth $3.9 billion, further enlarging Canada’s largest telecommunications company.

“Under the terms of this transaction, MTS will achieve much more than it could have as an independent company,” Manitoba Telecom president and CEO Jay Forbes said in a conference call with analysts. “BCE’s commitment to invest $1 billion over five years into Manitoba’s telecommunications infrastructure will also contribute greatly to the prosperity of our province and the quality of our customer experience.”

Many MTS customers and consumer advocates disagree with Forbes’ assessment, noting the deal will further consolidate Canada’s wireless marketplace by eliminating the province’s largest wireless carrier – MTS. The wireless business has nearly 500,000 customers – by far the largest provider in the region. Under the deal, BCE will sell off about one-third of MTS’ customers and retail storefronts to competitor Telus in a separate transaction.

Manitoba and neighboring residents in Saskatchewan pay some of the lowest prices for telecom services in Canada. MTS offers unlimited, flat rate Internet plans for both its broadband and wireless customers — plans likely to disappear or become more expensive after Bell takes over. The result, according to one Canadian telecom expert, will be higher rates.

“With MTS out of the way — and Bell and Telus sharing the same wireless network — prices are bound to increase to levels more commonly found in the rest of the country,” lawyer Michael Geist wrote on his blog.

The deal is also likely to deliver a death-blow to a government commitment assuring Canadians of at least four competing choices for wireless service. If Bell’s buyout is approved by regulators, Manitoba will be served by just three competitors — all charging substantially more than MTS.

...but soon we'll be with Bell.

…but soon we’ll be with Bell.

“Compare Bell’s wireless pricing for consumers in Manitoba and Ontario,” offered Geist. “The cost of an unlimited nationwide calling share plan in Manitoba is $50. The same plan in Ontario is $65. The difference in data costs are even larger: Bell offers 6GB for $20 in Manitoba. The same $20 will get you just 500MB in Ontario. In fact, 5GB costs $50 in Ontario, more than double the cost in Manitoba for less data. The other carriers such as Rogers and Telus also offer lower pricing in Manitoba. The reason is obvious: the presence of a fourth carrier creates more competition and lower pricing.”

That Manitoba Telecom would be up for sale at all came as a result of its controversial privatization in 2006 under a previous Conservative provincial government. The decision to privatize came despite a commitment from then-Premier Gary Filmon that Manitoba Telecom should remain a provincially-owned telecom company. Critics point to one possible reason for the flip-flop. Shortly after leaving politics, Filmon was appointed to the board of directors of the privatized company and was given $1.4 million in director fees and compensation over ten years, along with company shares with hundreds of thousands of dollars.

Economist Toby Sanger compared costs and returns of Manitoba Telecom and SaskTel, Saskatchewan’s publicly-owned telecommunications company. After two decades, the cost of a basic landline with SaskTel is $8 less per month than MTS, and SaskTel paid $497 million in corporate income taxes to the citizens of Saskatchewan – SaskTel’s shareholders – over the past five years, compared to $1.2 million paid by MTS over the same time period. In 2014, the CEO of SaskTel earned $499,492 compared to $7.8 million paid to the CEO of MTS for managing a very similar sized operation.

The acquisition will be reviewed by the Canadian Radio-television and Telecommunications Commission, the Competition Bureau and Industry Canada, and could be approved later this year or early 2017.

Cincinnati Bell Plans to Shutdown Telegraph Grade Service, On Offer Since the 1800s

telegraph key

Telegraph key

If you thought your Internet service was slow, consider being a customer of Cincinnati Bell’s 75 baud Telegraph Grade service, on offer to subscribers since the 1800s for low-speed stock quotes, telegrams, and office-to-home communications. But don’t consider it too long, because the service is about to be discontinued.

The first telegram in the United States was sent on Jan. 11, 1838 using the newly developed “Morse Code” system introduced by Samuel Morse. The message was sent unceremoniously across two miles of wire strung across the sprawling Speedwell Ironworks outside of Morristown, N.J. But the experiment didn’t attract much attention until it was repeated in 1844 in Washington, D.C., where members of Congress looked on as the message, “What hath God wrought” successfully traveled from Washington to Baltimore, Md. A decade later, telegraph lines were strung to every major city on the east coast. By 1861, telegraph cables stretched across the territories west of the Mississippi and reached the West Coast, putting the Pony Express out of business.

It would be a decade after that before The City and Suburban Telegraph Company, later Cincinnati Bell Telephone, was officially incorporated on July 5, 1873, becoming the first company in the city to offer direct communication between the city’s homes and businesses. Only the wealthiest families could afford a private telegraph line, which cost $300 a year provided you lived no more than a mile from the company’s office. After four years, the company only managed to attract 50 paying customers, mostly business tycoons who relied on the telegraph to stay in contact with the office while at home. Other businesses used telegraphs to connect their different offices. Most employed young men to serve as telegraph operators, translating short written messages into a series of dots and dashes and back again.

Telegraph stamps, used to prove payment for sending and receiving messages.

Telegraph stamps, used to prove pre-payment for telegraph messages.

Business was better further east. The story of two men that would change the course of the telegraph and launch a company that remains a household name to this day started in 1838 when banker and real estate entrepreneur Hiram Sibley moved to Rochester, N.Y. He saw plenty of opportunities in upstate New York and quickly settled in, later becoming elected Monroe County Sheriff. That position soon led to his introduction to Judge Samuel L. Selden, who had the patent rights to the House Telegraph system. Seeing an opportunity, the two embarked on their own telegraph business — the New York State Printing Telegraph Company. It did not take long for them to realize competing against the larger New York, Albany, and Buffalo Telegraph Co., was a financial disaster. The two decided it would be smarter to consolidate existing providers instead of building new networks to compete. The first craze of telecommunications company consolidation was underway. With the assistance of deep pocketed investors in Rochester, Sibley and Selden founded the New York and Mississippi Valley Printing Telegraph Company. The new entity would string some of its own telegraph lines westwards, but more importantly it would focus on acquiring its rivals, especially in areas where fierce competition kept profits low and expectations of monopoly wealth even lower.

sibley

Sibley

By 1854, Sibley and Selden were confronted with competitors using two different messaging systems among 13 different companies. Sibley’s solution? Buy them out and unify them with the Morse system, available thanks to a separate acquisition of the Erie & Michigan Telegraph Company. In 1856, the company that had its beginnings in Rochester was renamed the “Western Union Telegraph Company,” which referred to the union of the different telegraph systems of the “western states” of that era (today considered the midwest).

Between 1857 and 1861 merger mania hit almost all the telegraph companies, and by the end of this period, most formerly independent companies were owned by one of six conglomerates:

  • American Telegraph Company (covering the Atlantic and some Gulf states),
  • Western Union Telegraph Company (covering states North of the Ohio River and parts of Iowa, Kansas, Missouri, and Minnesota),
  • New York Albany and Buffalo Electro-Magnetic Telegraph Company (covering New York State),
  • Atlantic and Ohio Telegraph Company (covering Pennsylvania),
  • Illinois & Mississippi Telegraph Company (covering sections of Missouri, Iowa, and Illinois),
  • New Orleans & Ohio Telegraph Company (covering the southern Mississippi Valley and the Southwest).

Much like the cable industry today, these six giants maintained a mutually friendly alliance and never competed for territory. Any remaining independents quickly learned cooperation with these larger systems was essential. But once competition stalled in the telegraph business, so did interest in investing in challenging upgrades.

western unionBy 1860, as the United States continued its expansion westward and tension grew between the northern and southern states over issues like slavery and self-determination, the administration of President James Buchanan realized having a reliable national telegraph network was critical to the security of the country. Unfortunately for the president, his priorities ran headlong into private company intransigence. Persuading the for-profit companies to expand their networks to connect the west coast seemed impossible. None wanted to risk investor dollars on a telegraph line they believed would be too expensive and difficult to maintain.

That same year Congress passed, and President James Buchanan signed, the Pacific Telegraph Act, which authorized the Secretary of the Treasury to seek bids for constructing a transcontinental telegraph line, financed by the federal government. Two of the three bidders eventually dropped out, leaving Hiram Sibley’s Western Union the sole bidder.

The Pacific Telegraph Act of 1860 resulted in the construction on this telegraph line extending from Nebraska to Nevada.

The Pacific Telegraph Act of 1860 resulted in the construction of this telegraph line extending from Nebraska to Carson City, Nev.

To insulate his other business interests from the project, Sibley organized the Pacific Telegraph Company to be responsible for construction of the new telegraph line to the west, starting in Omaha, Neb. Sibley also consolidated several small local companies into the California State Telegraph Company, which in turn launched the Overland Telegraph Company, managing construction of the cable eastward from Carson City, Nev., to Salt Lake City. The line was finally completed in October, 1861, seven months after the outbreak of the Civil War.

While newly elected president Abraham Lincoln was distracted settling into office starting March 4, 1861, Sibley was quietly preparing to consolidate control over the new taxpayer-funded cross-country cable. After the project was complete, Pacific Telegraph and California State Telegraph were quickly merged into Western Union, making Hiram Sibley the undisputed king of the telegraph industry. Any future ventures rising to challenge Western Union were instead eaten up by acquisition. By 1866, Western Union announced it was moving its company headquarters from Rochester to 145 Broadway in New York City.

Sibley retired from Western Union in 1869, and went into the seed and nursery business in Rochester and Chicago. He left the company during its most powerful era, having a virtual monopoly on the telegraph business at least a decade before the telephone would arrive on the scene. He retired the richest man in Rochester, and his home in the East Avenue Historical District still stands today. He gave generously to charity after retirement and helped incorporate a new college in the Southern Tier of New York called Cornell University.

The Hiram Sibley House, constructed in 1869, still stands today at 400 East Ave, Rochester, N.Y.

The Hiram Sibley House, constructed in 1868, still stands today at 400 East Avenue, Rochester, N.Y.

As the 1870s arrived, the Civil War was five years finished and huge changes were coming. Although telegraph service was already in place in many eastern seaboard cities, it took longer to arrive in smaller cities in the midwest and southern United States, and it was not too long after that before the telephone followed.

In Cincinnati, the telegraph service that began in 1873 was threatened by the arrival of the telephone in 1878 — just five years later. That fall, Cincinnati’s telegraph company signed an agreement with Bell Telephone Company of Boston, the first telephone company in the country. Bell held several patents essential for manufacturing telephones and granted the telegraph company an exclusive contract to sell phone service within a 25-mile radius of the city.

Bell Telephone arrived in the era of the Robber Barons, where trusts and monopolies were the product of unfettered capitalism. Bell’s business planners were more than happy following the telegraph industry to the glory days of consolidation and monopolization.

By 1879, the Bell Telephonic Exchange was well on its way, up and running on the corner of Fourth and Walnut streets in downtown Cincinnati — the 10th phone exchange in the nation and the first in Ohio. That year, Cincinnati’s first phone book was printed and the young men that operated the telegraph lines were not welcome manning the huge expanse of manual cord boards built inside the central office.

City and Suburban believed women served as better ambassadors for the newly emerging telephone company and the concept of “Hello Girls” was born. Only later would the Bell System insist on referring to these professional employees as “operators.” In Cincinnati, around two dozen women manned the cord boards in the exchange office during its first year. They were required to memorize the names of all callers and had to quickly learn how to complete calls — a process that involved connecting a patch cable between the caller and the person called on a giant board with a plug for every subscriber. They managed nearly 150,000 completed calls during the first year for over 1,000 customers.

1930s: View of half of the world's longest switchboard at the City and Suburban Telegraph Company (later Cincinnati Bell Telephone). The board held 88 positions and handled a record of 9,722 outgoing calls in 1937. Cincinnati, Ohio. 01/01/1935 Photo by Cincinnati Historical Society/Getty Images

Jan. 1, 1935: View of half of the world’s longest switchboard at the City and Suburban Telegraph Company (later Cincinnati Bell Telephone). The board held 88 positions and handled a record of 9,722 outgoing calls in 1937. (Photo by Cincinnati Historical Society/Getty Images)

The simplicity and directness of the telephone quickly proved a major challenge for the telegraph industry. Western Union saw opportunities investing in telegraph networks overseas to stay ahead of this trend. It also launched a stock ticker service and a money transfer service, allowing people to send money across the country in a matter of hours. Despite the innovation, by 1875, financier Jay Gould had finally managed to assemble a formidable competitor to Western Union — the Atlantic and Pacific Telegraph Company. An overabundance of Western Union stock on the market by 1881 made it possible for Gould to finally launch a successful takeover.

A Telex machine in use during the 1970s.

A Telex machine in use during the 1970s.

Telegraph lines remained in use well into the 20th century, used primarily for business communications, cables, and telegrams which were printed and delivered by messenger. Cincinnati Bell sold telegraph grade data lines for a variety of business applications, including slow speed data services. Even after the Morse code telegraph of the 1800s was long gone, other data services existed well before the arrival of the fax machine and the home computer. Telex messages were exchanged over a network of “teleprinters” which resembled an oversized manual typewriter. AT&T’s Teletypewriter eXchange (TWX) network was common in large businesses during the late 1960s into the 1970s. One of Cincinnati Bell’s other large customers for slow speed data lines was the military.

Cincinnati Bell customers signed up for telegraph grade service received an unconditioned telephone line capable of transmitting at 0-75 baud or 0-150 baud in half-duplex or duplex operation. That was half the data speed of computer modems common in the mid 1980s supporting up to 300 baud — which transmits text at a speed most can read and follow along in real-time.

Remarkably, Cincinnati Bell still needs the permission of regulators to drop the Civil War era telegraph service and in discontinuance requests sent to state and federal authorities, it reminded regulators the change will have no impact on the “public convenience and necessity” because there has been no demand for the service for a long time.

In fact, Cincinnati Bell has no customers to notify of the impending doom of telegraph grade service, because there have been no customers subscribed to it.

cincinnati bellCincinnati Bell’s request would have gone unnoticed if it wasn’t for the long legacy of the telegraph era. Western Union dispatched its last telegram on Jan. 27, 2006, after 155 years of continuous service, and largely kept quiet about it, only notifying current customers: “Effective 2006-01-27, Western Union will discontinue all Telegram and Commercial Messaging services. We regret any inconvenience this may cause you, and we thank you for your loyal patronage. If you have any questions or concerns, please contact a customer service representative.”

Those nostalgic for telegrams might be interested to know another company has risen where Western Union left off. iTelegram promises to bring back the experience of a messenger at your front door, but it’s a costly trip down Memory Lane. A Priority Telegram costs $28.95 + $0.75 per word and is delivered usually within 24 hours, and includes proof of delivery. A “MailGram,” dispatched through the U.S. Mail is a slightly less expensive option, costing $18.95 and includes up to 100 words. It arrives in 3-5 days. Or you could send an e-mail for approximately nothing.

While Cincinnati Bell’s request recalls a distant past, Verizon and AT&T are also asking to discontinue services that customers were still using in the 1990s. Verizon wants to drop postpaid calling cards and personal 800 services that customers used to buy from MCI, now a Verizon subsidiary. For its part, AT&T wants to drop operator-assisted services due to almost no customer demand. In many areas, dialing “0” no longer even works to reach one of those Hello Girls… pardon me, I meant operators.

CRTC Orders Phone and Cable Companies to Open Their Fiber Networks to Competitors

CRTC chairman Jean-Pierre Blais

CRTC chairman Jean-Pierre Blais

Independent Internet Service Providers are hailing a decision by telecommunications regulators that will force big phone and cable companies to open their fiber optic networks to competitors, suggesting Canadian consumers will benefit from lower prices, fewer usage caps, and higher-speed Internet.

The Canadian Radio-television and Telecommunications Commission on Wednesday ordered companies like Bell/BCE, Telus, Rogers, Shaw, and others to sell wholesale access to their growing fiber optic networks, despite industry protests giving that access would harm future investment in fiber technology just as it is on the cusp of spreading across the country.

“We’re an evidence-based body, so we heard all of the positions of the various parties and we balanced those off through what we heard in our deliberations afterwards,” said CRTC chairman Jean-Pierre Blais. “In this particular case, we are concerned about the future of broadband in the country so we have to make sure we have a sustainable and competitive marketplace. It’s a wholesale decision that says Canadians can expect a better competitive marketplace because we are going to require incumbent cable and telephone companies to make their high-speed facilities available to competitors.”

[flv]http://www.phillipdampier.com/video/BNN Breaking News CRTC Decision Fiber 7-22-15.flv[/flv]

BNN broke into regular programming with this Special Report on the CRTC decision that will grant independent ISPs access to large telecom companies’ fiber optic networks. (3:13)

Large phone companies, including Bell, warned regulators in a hearing last fall that forcing them to open their networks to third parties would deter investment in fiber expansion. Canadian telecom companies now provide about three million homes with either fiber to the home or fiber to the neighborhood service. Blais, along with representatives of independent ISPs have rejected Bell’s arguments, arguing competition from cable operators was forcing telephone companies to upgrade their networks regardless of the wholesale access debate.

crtc“Our view is the incumbent telcos have a market reason to invest in improving their plant through the investment in fiber,” Blais said. “That’s what Canadians expect and because of market conditions they have to do that investment. So we’re quite confident that’s going to happen.”

Canadian telecommunications companies have done well selling Internet and television services in a highly concentrated telecommunications and media marketplace. For example, BCE, the parent company of Bell Canada, Bell Media, and Bell TV owns a wireless carrier, a satellite TV provider, the CTV television network and many of its local affiliates, dozens of radio stations, more than two dozen cable networks, a landline telephone company, an Internet Service Provider, and ownership interests in sports teams like the Montreal Canadiens as well as a part interest in The Globe and Mail, Canada’s unofficial newspaper of record.

Companies like Rogers, Shaw, Vidéotron, Telus, and Bell have dominated the market for Internet access. But regulators began requiring these companies to sell access to their networks on a wholesale basis to smaller competitors to foster additional retail competition. Today, there are over 500 independent ISPs selling service in Canada, including well-known companies like TekSavvy, Primus, and Distributel. In the past few years, Internet enthusiasts have flocked to these alternative providers to escape a regime of usage caps and usage-based billing of Internet service common among most incumbent cable and phone companies. Competition from the independents, which offer more generous usage allowances or sell unlimited access, has forced some phone and cable companies to offer cap-free Internet service as well.

[flv]http://www.phillipdampier.com/video/BNN CRTC Decision Interview with Jean Pierre Blais 7-22-15.flv[/flv]

BNN interviewed CRTC chairman Jean-Pierre Blais about the commission’s decision to open up wholesale access to Canada’s fiber optic networks. (5:26)

bellDespite the competition, the majority of Canadians still do business with BCE, Rogers Communications, Quebecor (Vidéotron), Shaw Communications, or Telus, that collectively captured 75 percent of telecom revenue in 2013.

Although competitors have been able to purchase wholesale access to cable broadband and DSL service, nothing in the CRTC rules required big cable and phone companies to sell access to next generation fiber networks. That gap threatened the viability of independent ISPs, left with offering customers access to older cable/copper technology only. This week’s CRTC decision is the first step to grant access to fiber networks as well, although some ISPs are cautious about the impact of the decision until the CRTC provides pricing guidance.

“The commission took a great step today in favor of competition,” Matt Stein, CEO of Distributel Communications Ltd., told The Globe and Mail. “In giving us access to fiber to the premise, they have ensured that as speeds and demands increase, we’re going to continue to be able to provide service that customers want. It’s definitely going to be some time before these products make it to market. There’s going to be the costing and the implementation, and reasonably it could be a year or even longer before the products are actually out the door. But the heavy lifting? Today that was done.”

Bram Abramson, chief legal and regulatory officer for TekSavvy Solutions Inc., added some caution.

Distributel, an independent ISP, made a name for itself offering usage-cap free Internet access to Canadians.

Distributel, an independent ISP, made a name for itself offering usage-cap free Internet access to Canadians.

“The devil really is in the details on this,” Abramson told the newspaper. “That’s why I say we like the direction, because there are a million ways in which this could become unworkable if implemented wrong. For example, what rates are we going to pay? We won’t know until those tariffs are done and settled.”

Other so-called “wireline incumbents” like Manitoba Telecom and SaskTel will also be required to make their fiber optic networks available to competitors.

Last fall, Bell warned the CRTC of the consequences of letting TekSavvy, Distributel, and others resell access to their fiber networks.

“We are not suggesting that mandated access will immediately grind investment to a halt in every location in Canada, but it is a question of balance and it will have an impact,” Mirko Bibic, chief legal and regulatory officer for BCE/Bell told CRTC commissioners at a hearing.

Bibic cautioned if the CRTC granted competitive access it could affect how the company allocated its capital investments and could lead it to shift spending to other areas instead.

“What we’re saying is a mandated access rule will affect the pace of deployment and the breadth of deployment,” Bibic said.

Bibic

Bibic

Specifically, Bibic claimed Bell may call it quits on fiber expansion beyond the fiber-to-the-neighborhood service Bell sells under the Fibe brand in 80% of its service area in Ontario and Quebec. Bell had envisioned upgrading the network to straight fiber-to-the-home service, eliminating the rest of the legacy copper still in its network. But perhaps not anymore.

“If the commission forces the incumbent telephone operators to open access to fiber-to-the-home, BCE might not prioritize building that final leg in some communities,” Bibic warned. “The point is, with 80% of our territory covered […] we can hold and do really well with fiber-to-the-node for longer than we otherwise might.”

Nonsense, independent ISPs told the CRTC, pointing to the cable industry’s preparations to introduce DOCSIS 3.1 cable broadband and vastly increase broadband speeds well in excess of what a fiber-to-the-neighborhood network can offer.

“First of all, [telephone companies] have a natural incentive to build wherever there is a cable carrier, because otherwise the cable carrier will eat their lunch,” said Chris Tacit, counsel to the Canadian Network Operators Consortium, which represents the interests of independent ISPs. “There’s a reason that they’re sinking all that money into [fiber-to-the-home], it’s because they have to keep up. Now, I don’t believe for a minute that they are going to stop investing if they have to grant access.”

Regulators in the United States have traditionally sided with large telecommunications companies and have largely allowed phone and cable companies to keep access to their advanced broadband networks to themselves. Republicans have largely defended the industry position that regulation and forced open access would deter private investment and competitors should construct networks of their own. In some cases, they have. Google Fiber is now the most prominent overbuilder, but several dozen independent providers are also slowly wiring fiber optics in communities already served by cable and telephone company-provided broadband. Whether it is better to inspire new entrants to build their own networks or grant them access to existing ones is an ongoing political debate.

But the CRTC has not given independent ISPs a free ride. The commission announced it will begin moving towards “disaggregated” network availability for smaller ISPs, which will require them to invest in network equipment to connect with incumbent networks on a more local level, starting in Ontario and Quebec.

The CRTC under Blais’ leadership is gaining a reputation of being pro-consumer, a departure from the CRTC’s often-industry-friendly past. Blais has presided over rulings to regulate wholesale wireless roaming fees to lower consumer costs and forced pay television providers to unbundle their huge TV channel packages so consumers can get rid of scores of channels they don’t watch.

[flv]http://www.phillipdampier.com/video/The Globe and Mail Internet competitors welcome CRTC decision on broadband access 7-23-15.flv[/flv]

Canadian Press spoke with independent ISPs about their reaction to the wholesale access decision. (1:18)

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