OTTAWA – MTS Allstream, along with independent ISP Acanac, this week filed a motion with the Federal Court of Appeal seeking leave to appeal, and eventually to overturn, CRTC Telecom Order 2009-484.
The order, entitled “Bell Aliant Regional Communications and Bell Canada – Applications to introduce usage-based billing and other changes to Gateway Access Services,” approved a new charge, usage-based billing, that would be applied to each customer of third party ISPs who lease lines from the incumbents in order to provide Internet service.
The new charge would be applied to any customer whose data usage exceeded a set limit, up to a maximum of $22.50 per month (unless the user topped a whopping 300 GB per month, after which they would be charged $0.75 for every GB over 300.
MTS says the Commission process during this proceeding was unfair, leading up to the August 12th policy release. Plus, it contravenes a piece of the Telecom Act, says the Winnipeg-based company.
“Pursuant to subsection 27(1) of the Telecommunications Act, the Commission has a duty to ensure that rates for telecommunications services are just and reasonable at all times,” reads the MTS/Acanac motion filed September 10th.
“The Commission clearly has failed to turn its mind to its obligations… in relation to wholesale GAS services.
“The Commission’s failure to consider the justness and reasonableness of applying UBB charges to wholesale GAS customers constitutes an error in law.”
