Canadian Communications Law - Broadcasting | Telecommunications | Copyright

David Elder -

The Supreme Court of Canada has refused to hear an appeal relating to the scope of the authority of the federal cabinet to overturn a CRTC decision concerning whether a telecommunications carrier has met Canadian ownership obligations.

In doing so, the Court has essentially affirmed the eligibility of wireless new entrant Wind Mobile to operate, as well as implicitly endorsed the authority of the federal cabinet to take into account broad policy questions in determining whether to overturn CRTC decisions.

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David Elder -

In an unusual development, the CRTC has initiated a proceeding that may lead to possible re-regulation of the terms and conditions for the provision of wireless services to consumers.  Even more surprisingly, the proceeding is in part the result of an application by a wireless service provider that requested that the Commission step in to regulate some aspects of currently deregulated wireless services.

In its Notice of Consultation, the Commission is first seeking comments on whether the conditions for forbearance have changed sufficiently to warrant CRTC intervention in the development of a national retail wireless services code.

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David Elder -

Following the registration, three weeks ago, of its new anti-spam regulations, the CRTC has issued a regulatory policy explaining the changes made to the draft regulations that it had originally proposed, as well as providing some guidance as to how some of the requirements will be interpreted.

In Telecom Regulatory Policy CRTC 2012-183, issued to coincide with the publication of the Electronic Commerce Protection Regulations (CRTC) in the Canada Gazette, the Commission notes that many of the changes to the originally proposed version of the Regulations were made in response to public comments, and in most cases were amendments intended to be less prescriptive and more technology neutral.

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David Elder -

Final regulations made by the CRTC under Canada’s Anti-Spam Law (CASL) include a number of revisions that respond to concerns raised by Canadian businesses; but while some additional flexibility has been provided, the Commission appears to have left a number of other concerns unanswered.

On 7 March 2012, the CRTC registered its Electronic Commerce Protection Regulations (CRTC), a final version of draft regulations that were originally proposed in June 2011.  Those regulations, and the related Electronic Commerce Protection Regulations that were proposed by Industry Canada, attracted significant criticism from the business community, which expressed concern that the regulations omitted some important clarifications of the requirements of the law, failed to provide exemptions for certain business and behaviours that should not be caught by the legislation and imposed unworkable and unnecessary requirements that may have had a disproportionate impact on technologies such as text messaging. 

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Paul Beaudry and Lindsay Gwyer -

French-language television viewers hoping for the option of a second national pay-television channel will not be getting their wish anytime soon, as the CRTC recently announced that it would not open up the French-language general interest pay television service genre to competition due to a lack of applicants for a new service.

However, while closing a proceeding due to lack of applications seems understandable, the more interesting question may be why no such applications were forthcoming.

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