Bell Mobility and its parent company, Bell Canada are facing a $100 million class action lawsuit that claims expiration dates on Bell’s prepaid wireless service are illegal.

Ontario’s Consumer Protection Act bans expiration dates from gift cards.  The Toronto law firm of Sack Goldblatt Mitchell LLP alleges that prepaid wireless services, often topped up with prepaid cards, should be treated just like gift cards and not subject to expiration dates that wipe out available balances.

The suit was filed on behalf of Celia Sankar of Elliot Lake, Ont.

Sankar is founder of the DiversityCanada Foundation, a non-profit group that fights for diversity, inclusion and harmony among Canadians. Sankar had her Bell Mobility prepaid balances wiped out on two occasions because she did not use her available balance or “top-up” her account with additional funds within the time window specified by Bell.

A $15 Bell Mobility prepaid top-up card expires in 30 days. A $25 top-up card expires in 60 days. Customers can buy a $100 card and avoid losing their balance for one year. Accounts with a $0 balance for 120 days will be terminated.

“Because the prepaid wireless service is the least expensive way to have a phone, and does not require a credit card or a bank account, it is often the only option for youth, new immigrants, workers on minimum wage, the unemployed, people on disability and seniors on fixed incomes,” Sankar said. “These are the people who can least afford to have their funds forfeited or to have their mobile services cut off.”

Bell declared the suit was without merit and intends to fight it.

If the case is certified as a class-action suit, Bell faces the prospect of defending itself against all Ontario residents who have used Bell’s prepaid services since May 4, 2010. Those brands include Bell Mobility, Solo Mobile, and Virgin Mobile Canada.

Bell Canada has boosted speeds of its fiber-to-the-neighborhood and fiber-to-the-home Fibe Internet services in Ontario.  But our regular reader Alex notes Bell’s Internet Overcharging usage cap scheme remains firmly in place, which leaves customers taking the company’s fastest offerings out for little more than a test drive before the overlimit fees kick in.

But no worries, Bell says.  The company has invented the concept of Internet Usage Insurance, selling you extra usage allotments ranging from 20GB ($5) to 125GB ($25) per month for usage that costs Bell just pennies per gigabyte.

The new speeds are admittedly very fast, but their value is well-tempered by the usage allowances that accompany them.

CHCH-TV in Hamilton, Ontario.

The cable industry seems to have an increasing problem keeping adult entertainment on the right channels.  Just a week after Colorado viewers were treated to an XXX-rated wakeup call during Good Morning America, cable viewers across western Canada and parts of Ontario got an eyeful of gay hardcore porn for several minutes Friday during CHCH-TV’s News Now AM morning news.

The unwanted programming, which also turned up in public viewing areas such as airports and diners, caused more than a few to put down the Tim Horton’s coffee and pick up the phone.

The Hamilton, Ont. television station initially got the blame. So many Canadians were talking about it, the station became a trending topic on Twitter.

“Just eating some pancakes this morning watching #CHCH … I no longer like pancakes or the news,” wrote Twitter user @derek1913.

Kelling says the scene she saw was particularly explicit.

“It went on and on,” Kelling says. “Gay or straight aside, parents will be answering questions over this one.”

So will Shaw and Cogeco Cable, who were responsible for treating viewers to the racy movie in the morning.  CHCH didn’t wait for a blow by blow explanation from either company before taking to the air with an apology.

“First of all, we would like to apologize to our viewers,” said CHCH news director Mike Katrycz. “This was a problem that originated, not at CHCH, but at a cable company. Apparently some cable lines had been cut, and in the splicing back together some inappropriate content went to air. Again it was beyond the control of CHCH, but we do apologize to our viewers.”

Cogeco, Shaw Cable, and the Canadian Broadcast Standards Council have all launched independent investigations into the matter.

Cogeco Cable is cracking down on customers who shop around for a better deal.

After dumping its money-losing Portuguese Cabovisao operation earlier this year, the company is looking to recoup its losses, and Canadian consumers are paying the price.

Chief Executive Louis Audet told investors Cogeco has tightened up promotions, giveaways, and credit standards to weed out bargain hunters and those who ultimately never pay their cable bill.

“If somebody else wants these undesirable customers, they’re theirs for the taking,” Audet said. “There’s too many promotion hoppers out there who are jumping from one supplier to the other.”

Audet

At least 9,000 customers left Cogeco during the second quarter, but that did nothing to hurt Cogeco’s bottom line.  Profits nearly quadrupled to $81.5 million according to Audet, but much of that is due to changes in accounting related to its sold-off Portuguese operation. Closer to home, Cogeco revenue inside Canada grew 12.4% from one year ago to $345.6 million.

Cogeco bought Televisao in 2006 for $465 million.  It sold it in February for just over $59 million.

Cogeco Cable, which serves subscribers in smaller cities and suburbs in Ontario and Quebec, is Canada’s fourth largest cable operator with more than 875,000 cable subscribers. Its biggest competitors are Bell (in Ontario and Quebec) and Telus, which has some landline operations on the Gaspé Peninsula in eastern Quebec.

Most of Cogeco’s promotions and retention offers appeal to customers threatening to take their business to the phone companies. But Audet signaled the promotional pricing had become so aggressive, some customers have learned to bounce back and forth between providers to maintain lower pricing indefinitely.

By tightening up customer promotions, Audet said, the company can achieve a “stable” customer base that pays regular Cogeco prices.

If you want better Canadian broadband with fewer tricks and traps and live in Ontario or Quebec: put the house up for sale, pack up your things, and head west.

Canada’s heavily metered and capped broadband is ubiquitous in the country’s two most-populated provinces where a convenient duopoly of Bell and Rogers in Ontario and Bell and Videotron in Quebec control the vast majority of the broadband market.  But cross west into Saskatchewan and things start to look a lot better.

Canadians telecommunications consultancy The Seaboard Group praised SaskTel, the provincial phone company, for refusing to slap usage caps on its customers.  SaskTel does not deliver the cheapest Internet access by any means, but the company is investing heavily in fiber optic upgrades to turn the page on aging copper wire infrastructure.  Stringing fiber through Regina, Saskatoon and beyond may seem counterintuitive to other providers.  Saskatchewan, one of Canada’s “prairie provinces,” is hardly packed with people.  With more than 20 million Canadians living in Ontario and Quebec, Saskatchewan gives its 1 million residents a lot of open space.  Sparser populations usually translate into higher costs per customer for upgrades, but SaskTel persists.

SaskTel has historically relied on traditional DSL and has competition in larger communities from Shaw Cable, western Canada’s largest cable operator.  Although SaskTel’s DSL delivers lower speeds than Shaw can provide, it does so with no usage limits.

Shaw’s decision to provide considerably more generous usage allowances has kept the pressure on SaskTel to upgrade its infrastructure to compete.

SaskTel CEO Ron Styles told the Leader-Post its fiber optic network will give cable a run for its money, and until then, it is satisfied undercutting cable pricing for broadband, delivering a far better experience than either Rogers or Bell provides eastern Canadians, Styles says.

Seaboard president Iain Grant found that what customers are willing to pay for service can also influence what prices providers charge.

“The price is more based on what you’re prepared to pay,” Grant said.

People in western Canada evidently are not willing to hand over as much money as their friends in Ontario and Quebec.

West of Saskatchewan lies Alberta and British Columbia — Telus territory.  Telus is western Canada’s largest phone company and also principally competes with Shaw Cable.

Shaw has forced Telus to back down on fueling enhanced revenue with usage caps of its own, and has been aggressively upgrading its network with additional fiber optics and DOCSIS 3 technology, forcing Telus to embark on its own upgrade effort.

Macleans reports western Canada’s more-competitive broadband market has been good for consumers, but has also exposed a difference in priorities for providers.

With Shaw breathing down its neck, Telus has committed to a $3 billion fiber optic network expansion in B.C., improved wireless coverage, and more IPTV service.  Macleans notes Telus is the only major telecom or cable company in Canada that hasn’t purchased a television asset, focusing instead on its core businesses of connecting customers.

In eastern Canada, Bell faces Rogers and Videotron.  Critics contend Bell sees no imminent threats there, and the phone giant is spending its money elsewhere, announcing a $3.4 billion acquisition of Astral Media — an entertainment company owning 24 specialty cable channels and pay-TV networks, including the Movie Network and HBO Canada.

Bell’s latest “investment” follows its 2010 $1.3 billion buyout of CTV and last year’s $1.32 billion co-purchase of Maple Leafs Sports and Entertainment (the other buyer was their ‘arch-competitor’ Rogers Communications).

While Telus spends money on upgrading its broadband and video services to customers, Bell is positioning itself to control 34% of Canada’s TV universe.  Bell is also the same company that advocated slapping nationwide usage-based pricing on Canadian broadband consumers to pay for the “network upgrades” it contends were needed to handle increasing demand.