Muskoka Mac User Group

CRTC Decision on Internet Traffic Management Practices

Further to Brian’s entry about Internet I received this today from Tony Clement. The nub is:
“Access to the Internet is a key issue for Canadians. Industry Canada
continues to monitor domestic and international developments to ensure
that our legislative and regulatory frameworks remain effective.”

In its entirety:

Thank you for your email providing your views on the Canadian
Radio-television Telecommunications Commission (CRTC) decision on Internet
traffic management practices (ITMPs).

As you are aware, on October 21, 2009, the CRTC issued Telecom Regulatory
Policy 2009-657, which establishes a framework for analysis that guides
Internet Service Providers (ISPs) in their use of ITMPs. The framework
allows the Commission to determine whether or not specific ITMPs are in
compliance with subsection 27(2) of the Telecommunications Act, which
prohibits unjust discrimination and undue preference.

The CRTC, of its own motion or upon the receipt of a credible complaint,
can review ITMPs using the established framework. This manner of
proceeding is frequently referred to as an ex post (i.e.,
complaints-based) regulatory approach. The burden of establishing that an
ITMP discriminates or results in a preference or disadvantage is on the
complainant. However, ISPs must demonstrate that any such discrimination,
preference, or disadvantage is not unjust, undue, or unreasonable in their
response to complaints, and explain why their ITMPs meet the requirements
of the framework. Information on how to file a complaint with the CRTC
can be found on its website at

http://www.crtc.gc.ca/rapidsccm/register.asp?lang=e.

Access to the Internet is a key issue for Canadians. Industry Canada
continues to monitor domestic and international developments to ensure
that our legislative and regulatory frameworks remain effective.

Once again, thank you for taking the time to write. I trust that you will
find this information helpful.

Yours sincerely,

Tony Clement

Bill Rathbun