OTTAWA – The CRTC on Wednesday denied a request by the Canadian Association of Internet Providers (CAIP) to stop Bell from “throttling” Internet traffic of competitor ISPs on an interim basis until it makes a final ruling on the matter.
In its decision, the CRTC denied CAIP’s request for interim relief because the regulator found CAIP did not present sufficient evidence of irreparable harm to its members as a result of Bells “traffic throttling” activities.
This is an unfortunate decision, said CAIP Chair Tom Copeland. “We feel the Commission has misapplied the test for interim relief by deeming the evidence of harm to CAIP’s members insufficient and in failing to even consider the harm to the public interest occasioned by Bell’s unilateral and unwarranted actions.”
On the other hand, Bell Canada welcomed the CRTC decision.
“The CRTC made the right decision on the CAIP request for interim relief,” said Bell Canada Chief of Regulatory Affairs Mirko Bibic. “We look forward to the opportunity to participate fully in the regulatory process announced by the Commission regarding the disposition of CAIP’s application on a final basis and to present all the salient facts surrounding the wholesale Internet traffic management issue for examination by the CRTC.”
The CAIP asked the CRTC on April 3 to investigate Bell Canada’s “traffic shaping” activity that the phone company had imposed on competitive ISPs in March of this year. As part of the application, the CAIP asked the Commission to order Bell to cease and desist from traffic shaping activities on an interim basis pending final determination of its application.
The CRTC will outline the process associated with the disposition of CAIP’s application on a final basis in a letter to be issued tomorrow – May 15 – to the parties.
“Bell is confident that when the Commission undertakes the final review, it will again determine that regulatory intervention is not necessary and that market forces, together with existing wholesale regulation, provide sufficient oversight,” Bibic stated.
