Public Interest Advocacy Centre News
In this issue:
• Bell’s payphone hike, Put your 2 cents in
• A fantastic victory to protect the privacy of teenagers online
• Pourquoi les prix sont-ils plus élevés au Canada?
• Online spying, indiscriminate “fishing expeditions”
• PIAC still working on truth in airline ads
PIAC, Protecting the privacy of teenagers online
“Edmonton-based Nexopia, which bills itself as “the place to be for teens looking to express themselves,” is refusing to give users the option to permanently delete their data, despite Privacy Commissioner Jennifer Stoddart’s recommendation that such an option was required to comply with Canadian law,” CBC News reported on Mar. 1. PIAC’s Janet Lo, who worked on the case, told the CBC the move is “a huge step forward for online youth privacy.” The Commissioner is now considering going to Federal Court to get her recommendation enforced the CBC reported.
Spectrum auction, Nothing set aside for competitors to the wireless Big Three
On March 14 the federal government announced it will open the door to more foreign ownership of wireless companies but would not set aside spectrum for smaller players. The wireless market is dominated by Bell, Rogers and Telus which can exercise market power to the detriment of wireless consumers. Executive Director of PIAC Michael Janigan says that while the government may have been inclined to be sympathetic to consumer and competition concerns, it had been squeezed by the predictions of service failure, made by the big 3 wireless providers, unless they got access to spectrum without set-asides. Janigan also notes PIAC’s disappointment that the public use set-aside for innovation and common use was not accepted. PIAC is also disappointed with the framework’s failure to include mandatory roaming and tower sharing provisions.
Big wireless backing consumer rights!
Rogers joined Telus in calling for the re-regulation of the wireless industry Rita Trichur reported for the Globe and Mail on Mar. 9. The Globe and Mail story quotes PIAC counsel John Lawford, “PIAC expects to respond favourably to Rogers’ application to (the CRTC to) regulate consumer wireless services but to add several additional demands to ensure a level of protection at least equal to or better than that provided in some provincial statutes.”
Online spying, indiscriminate “fishing expeditions”
The government’s “lawful access” bill lacks essential safeguards to protect consumers’ privacy. The short-titled Protecting Children from Internet Predators Act, Bill C-30 introduced Feb. 14, has weak oversight mechanisms. It allows indiscriminate “fishing expeditions” into consumers’ internet use the Public Interest Advocacy Centre says.
PIAC still fighting for truth in airline ads
PIAC, in collaboration with other consumer groups, won an important victory in December when the government announced it would draft regulations to make the airlines give us the bottom line in their ads. PIAC continues to work to on the rules to be put in place.
“Michael Janigan, the Public Interest Advocacy Centre’s executive director … would like to see no exclusions. Anything obligatory should be in the price. (He said) optional components, paid for separately, should be disclosed,” Ellen Roseman reported for the Toronto Star on Feb. 12.
100% increase, PIAC opposes bell payphone hike
The Public Interest Advocacy Centre is representing people who use payphones, including those without landlines or cell phones, before the CRTC. The PIAC flier calling for public support says: “We don’t think Bell’s proposed payphone charge increase is right. But we want you to give your two cents worth to the CRTC on Bell’s proposed price increase to four quarters (or one whole loonie) for payphone calls made with coins. That’s because the CRTC will decide whether to give Bell this price raise or not. And whether you’ll have to find more coins to make a call.” Deadline for submissions to the CRTC is March 30, 2012.
A year of PIAC publications
The PIAC team was very busy last year reporting on a number of issues that concern us as consumers. Some of the main reports produced include:
Consumers should be wary of risks in virtual worlds, Jan. 11, 2012
Change data breach bill to notify more consumers, Jan. 9, 2012
Consumers need more comprehensive protection for returns of online purchases, Nov. 14, 2011
Consumers Need Better Safeguards for Mobile Premium Services, June 29, 2011
Consumers need more comprehensive protection against late payment penalties :Jan. 5, 2011
Pourquoi les prix sont-ils plus élevés au Canada?
«Même si l’augmentation de la taille des détaillants peut avoir expliqué la hausse de leur rentabilité, elle a aussi donné aux chaînes plus de pouvoir sur le marché», a expliqué M. Janigan. «Un haut niveau de concentration mène à la standardisation et à une diminution de la concurrence.» Il s’agit d’une théorie qui, selon lui, mérite que l’on s’y attarde. Et il a recommandé au comité sénatorial de demander au Bureau de la concurrence de mener une étude de marché pour déterminer pourquoi les prix au détail restaient «collés» au haut de l’échelle malgré la fluctuation des devises » Julian Beltrame a rapporté pour la Presse Canadienne le 07 février 2012.
Next issue
• Anti-spam regulations
• PIAC reaches out
• Protecting your privacy
Spectrum Auction, Strengthening of wireless competition is no sure thing
The Public Interest Advocacy Centre (PIAC) was a participant in the design of the auction process both for the 2008 Spectrum auction, and the development of the framework announced today. PIAC’s interests are in ensuring access and affordable prices and choices for ordinary consumers.
“Spectrum auctions are meant to provide outcomes that best meet the public interest”, said Michael Janigan, Executive Director and General Counsel of PIAC. “That is not always synonymous with getting the most money,” he added.
Currently, the wireless market is still dominated by 3 major players who can exercise market power to the detriment of wireless consumers. The 2008 auction set the stage for new entrant competition that has shown some promise in its ability to provide some price and service rivalry. Janigan noted that the government decision tried to maintain the competitive momentum, but leaves uncertainty with respect to the future of those new entrants and the fledging competition.
While the partial lifting of ownership controls may help new entrant financing, the discontinuance of set asides of spectrum likely continues the overwhelming dominance by the big players. Spectrum caps do not necessarily allay concern about the relative size and access to a significant contiguous block of spectrum by competitors. ‘We’ll see how the financial backers of new entrants view this package fairly soon”, predicted Janigan. “ Hopefully, the newcomers will be active participants in the auction”.
Janigan said that while the government was inclined to be sympathetic to consumer and competition concerns, it had been squeezed by the predictions of service failure made by the big 3 wireless providers unless they got access to spectrum without set-asides. Janigan noted PIAC’s disappointment that the public use set aside for innovation and common use had also not been accepted. He also hoped that the mandatory roaming and tower sharing provisions of the Decision were implemented and enforced to ensure consumer friendly results.
Spectrum Auction Caps Would Mean Wireless Competition Abandoned by Government
OTTAWA –The Public Interest Advocacy Centre (PIAC) noted today that the rumoured structure of Canada’s 700 MHz wireless spectrum auction (capping wireless companies’ total spectrum) would be an abandonment of the Government’s commitment to improve competition in the wireless market. Spectrum was set aside for new entrants to bid on in the last auction and it is even more important to continue with set-asides in this key part of the available wireless spectrum, according to PIAC.
“Only set-asides can ensure new wireless companies can offer the latest handsets with wireless data, which are what consumers are demanding,” said John Lawford, counsel for PIAC, an Ottawa-based non-profit organization that provides legal representation, research and advocacy on behalf of consumers. “Caps do not solve the issue of dominance by the big three wireless carriers because Bell, TELUS and Rogers can afford to pay to keep all new competition out of their markets.”
PIAC made submissions to Industry Canada calling for set-asides to ensure competitive choice for Canadians in cellphone service. “The new entrants, WIND, Mobilicity, Public Mobile and Vidéotron are very concerned about the continued viability of their wireless service,” added Lawford, “the Government should see this red flag and change course if necessary to protect competition and choice for consumers in wireless.”
For more information:
John Lawford
Counsel
Public Interest Advocacy Centre
(613) 562-4002×25
(613) 562-0007 (Fax)
jlawford@piac.ca
Transport Canada Finally Agrees to Implement All-in Pricing for Air Fares
Ottawa) The Public Interest Advocacy Centre, a member of the travel industry and consumer coalition the Travel Protection Initiative (TPI) that pushed for all-in price advertising for airline prices in the previous decade, expressed its satisfaction that Transport Canada will finally move ahead to implement the legislation that mandates airline regulations to provide a ticket price to passengers inclusive of all extra charges.
“Travel agencies in Ontario and Quebec have had to do the same for years, and at the same time, compete with airlines offering flights at a small fraction of the total cost,”noted Michael Janigan, executive director and general counsel of the Public Interest Advocacy Centre. Janigan noted that the amendment to clause 27 of the Canada Transportation Act is over 4 1/2 years old, and its implementation was strongly opposed by Air Canada.
The Province of Quebec, however, had recently began to enforce provisions of similar effect in the provincial consumer law and according to Janigan, “the writing may have been on the wall”.
PIAC will participate in the consultation process associated with the making of the new regulations for airline pricing. “It may be one element of the carnival barker approach to airline advertising might be removed, at last,” said Janigan.
For more information
Michael Janigan
Executive Director and General Counsel
Public Interest Advocacy Centre
Tele No.: 613 562-4002×26
<mjanigan@piac.ca>
Government of Canada moves forward with changes to airfare advertising
OTTAWA, Dec. 16, 2011 /CNW/ – The Government of Canada will proceed with regulations requiring Canadian air carriers to include all fees and taxes in
their advertised prices. Transport Canada release.
16 Décembre 2011 09:39
Le gouvernement du Canada modifie la réglementation sur la publicité en matière de tarification aérienne
Northwestel regulatory framework decision is a “New Deal for the North”
(OTTAWA) The Public Interest Advocacy Centre is calling today’s CRTC decision on Northwestel’s regulatory framework “a new deal for the North”.
The Canadian Radio-television and Telecommunications Commission rejected efforts by the incumbent provider of local telephone service in Canada’s three territories to raise rates and put off the entrance of local competition.
“It’s clear that the CRTC’s message was that it was time that Northwestel kept pace with change in the industry throughout Canada, and that old justifications for the way things are done are not good enough,” says Michael Janigan PIAC executive director and general counsel.
The consumers group also notes with approval the CRTC’s intensive holistic review of Northwestel’s operations that is planned to take place over the next two years.
PIAC participated in the CRTC proceedings on behalf of residential consumers and attended the oral hearings in Yellowknife in October of this year.
The decision, Telecom Regulatory Policy CRTC 2011-771, is at this link on the CRTC website.
Consumers to Benefit from Sustainable Competition in Internet At Last
Media Release
OTTAWA – Consumers are the real winners in a Canadian Radio-television and Telecommunications Commission (CRTC) decision on wholesale Internet services released today, said the Public Interest Advocacy Centre (PIAC).
In a remarkably clear and helpful decision, the CRTC set wholesale rates for Internet that will allow independent ISPs to offer sustainable competitive alternatives to internet services offered by large cable and telephone-based ISPs such as Rogers Communications and Bell Canada.
“The CRTC clearly heard the voice of consumers who wanted real competition in broadband Internet, lower prices and no usage caps” said John Lawford, PIAC Counsel. “This decision creates a competitive framework for Canada’s retail internet pricing to finally deliver real value to consumers,” added Lawford.
PIAC represented Canada Without Poverty, Option consommateurs and Rural Dignity in the CRTC hearing on rates, arguing for a wholesale rate structure that could sustain competition in broadband and therefore put downward pressure on retail internet prices, increase incentives to offer higher speeds, including the removal of data caps and put the consumer back into the internet driver’s seat.
“The Government listened to consumers and asked the CRTC to get internet competition right. They did.” said Lawford.
Read the full decision: Telecom Regulatory Policy CRTC 2011-703 http://www.crtc.gc.ca/eng/archive/2011/2011-703.pdf
For more information:
John Lawford
Counsel
Public Interest Advocacy Centre
ONE Nicholas Street, Suite 1204
Ottawa, Ontario
K1N 7B7
(613) 562-4002×25
(613) 447-8125 (cell)
(613) 562-0007 (Fax)
jlawford@piac.ca
Consumers to Benefit from Sustainable Competition in Internet At Last
Download File: piac_media_release_crtc_ubb.pdf [size: 0.17 mb]
You’re invited: PIAC Dinner, November 18, Melanie Aitken, Commissioner of Competition
Are you interested in consumer protection, real estate commissions or unadvertised fees?
Are you concerned about the lack of competition and rules in the wireless, telecommunications and media industries?
Do you care about the internet, privacy or the banks?
The Public Interest Advocacy Centre cares.
Please support the Public Interest Advocacy Centre by coming to our Annual Dinner.
Friday November 18, 2011, 6 PM
Downstairs Banquet Room
Yangtze Dining Lounge
700 Somerset Street West,
Ottawa
Dinner Speaker: Ms. Melanie Aitken, Commissioner of Competition
Ms. Aitken’s address will be followed by a sumptuous 10-course Chinese meal
Tickets $60 per person with $30 charitable tax receipt given
Tables for 10 – $550 and $275 charitable tax receipt given
dbrady@piac.ca to order tickets
613 562-4002
If you can’t make it to the dinner please consider donating.
Public Interest Advocacy Centre (PIAC)
ONE Nicholas Street, Suite 1204
Ottawa, ON
K1N7B7, Canada
LE CENTRE POUR LA DEFENSE DE L’INTÉRÊT PUBLIC
NE : 130592405RR0001
Enregistré sous : THE PUBLIC INTEREST ADVOCACY CENTRE
Sponsored by the generousity of:
Please give us your two cents worth about payphones . . .
Please give us your two cents worth about payphones . . .
. . . because Bell Canada has applied to raise payphone prices by two quarters.
That’s 50 cents MORE per call. Raise payphone rates from 50 cents a call to up to $1. That’s a 100% price increase.
We are the Public Interest Advocacy Centre (www.piac.ca) and we are representing people who use payphones, including those without landlines or cell phones, before the CRTC. We don’t think Bell’s proposed payphone charge increase is right.
But we want you to give your two cents worth to the CRTC on Bell’s proposed price increase to four quarters (or one whole loonie) for payphone calls made with coins. That’s because the CRTC will decide whether to give Bell this price raise or not. And whether you’ll have to find more coins to make a call.
But you have to hurry. The CRTC is having a written hearing on Bell’s request and you have to let them know what you think by March 30, 2012. Please take the time to write the CRTC by a letter or by fi lling out their comments form on the CRTC website. Your opinion counts!
Please fill out the CRTC’s comment form by clicking on this link, scrolling to “Application for Pay Telephone Rate Increase”, clicking on the “Submit” button and following the instructions:
https://services.crtc.gc.ca/pub/instances-proceedings/Default-Defaut.aspx?S=O&PA=A&PT=A&PST=A&Lang=eng
Or write a letter to the CRTC at: Secretary General, CRTC, Ottawa, Ontario K1A 0N2
If you have trouble with the CRTC comment form, please call: 1-877-249-2782 (Toll-free); by toll-free TTY: 1-877-909-2782; by fax: 819-994-0218
If you want more information from the CRTC on Bell’s application, it’s available at the CRTC offi ces or from this link:
http://www.crtc.gc.ca/Part1/eng/2012/8650/b54_201200469.htm
If you want more information about PIAC, PIAC’s position, or more information about this requested price raise, please e-mail PIAC at: piac@piac.ca or send a letter to: Public Interest Advocacy Centre, ONE Nicholas Street, Suite
1204, Ottawa, Ontario, Canada K1N 7B7
Thank you for giving the CRTC your two cents worth!
Flyer for printing and posting:
Please give us your two cents worth about payphones . . .
Download File: piac_payphones_final_en.pdf [size: 8.8 mb]
Merci de donner votre opinion quant aux services téléphoniques payants . . .
. . . car Bell Canada demande une hausse du tarif des services téléphoniques payants de deux fois vingt-cinq cents. Soit 50 cents DE PLUS par appel. Une hausse qui fait passer le tarif d’un appel de 50 cents à 1,00 dollar. Autrement dit, une augmentation de 100 % du prix.
Download File: piac_payphone_french.pdf [size: 0.7 mb]
Leading Canadian Consumer Groups Alarmed by Dramatic Increase in Wireless Complaints, le gouvernement doit agir
Ottawa – Four major Canadian consumer organizations are calling for action from the federal government and the CRTC in light of soaring number of wireless complaints to the Commissioner for Telecommunications Services (CCTS).
Yesterday, the CCTS announced that telecommunications service and billing complaints had more than doubled from the previous year (a 114% increase), mostly related to wireless problems. Wireless complaints now constitute 62% of the CCTS workload, doubling from 31% in 2007-8.
The groups raising the alarm are part of the Canadian Consumer Initiative (CCI), a coalition of four major Canadian consumer organizations.
The members of CCI believe this more than doubling of consumer complaints indicates an urgent need for more action on the part of government and regulators to protect Canadian consumers, and, on the part of the CCTS, to conduct a systemic review of the source of consumer problems, so that the industry can address them.
In a briefing note on telecommunications prepared for elected representatives, CCI calls for the federal government and the CRTC to:
· impose stricter rules on service providers regarding customer service and disclosure of information;
· to rescind the 2006 Directive issued by Cabinet to the CRTC to rely on market forces rather than regulation; and
· to create an advisory committee to examine the policy framework of telecommunications, along with consumers’ associations.
The CCI briefing note on this subject is available online.
For more information, please contact:
John Lawford – Public Interest Advocacy Centre – (613) 447-8125
Charles Tanguay – Union des consommateurs – (514) 743-0419
Maryse Guénette – Option consommateurs – (514) 598-7288
Ken Whitehurst – Consumers Council of Canada – (416) 483-2696
Communiqué
Pour publication immédiate
4 novembre 2011
Plaintes en téléphonie cellulaire: le gouvernement doit agir
Ottawa – Devant l’augmentation fulgurante des plaintes reçues par le Commissaire aux plaintes relatives aux services de télécommunications (CPRST), quatre importantes associations de consommateurs canadiennes demandent au gouvernement fédéral et au CRTC d’agir.
Hier, le CPRST a rendu public son rapport annuel révélant que le nombre de plaintes a plus que doublé en un an (hausse de 114%), principalement à cause des problèmes de téléphonie sans fil. Alors que les plaintes relatives au service de cellulaires constituaient 31% du total en 2007-2008, elles ont bondit à une proportion de 62%.
Les associations de consommateurs qui sonnent l’alarme sont membres de l’Initiative canadienne des consommateurs (ICC), une coalition regroupant quatre des plus importantes associations de consommateurs canadiennes.
Les membres de l’ICC croient que cette explosion de plaintes démontre le besoin d’une intervention urgente du gouvernement pour mieux protéger les consommateurs et, de la part du CPRST, d’une évaluation systémique de la source des problèmes, pour amener l’industrie à les régler.
Dans une note préparée à l’intention des parlementaires, l’ICC demande au gouvernement fédéral et au CRTC:
· d’imposer aux compagnies de télécommunications des règles plus strictes relativement au service à la clientèle et à l’information à transmettre aux consommateurs;
· de retirer la directive de 2006 émise par le Conseil des ministres, qui impose au CRTC de se fier aux forces du marché plutôt que de réglementer;
· de former un groupe d’étude ayant pour mandat d’élaborer une politique cadre en télécommunications, avec la participation des associations de consommateurs.
La note parlementaire de l’ICC est disponible sur le web
Pour plus d’information:
Charles Tanguay – Union des consommateurs – (514) 743-0419
Maryse Guénette – Option consommateurs – (514) 598-7288
John Lawford – Public Interest Advocacy Centre – (613) 447-8125
Ken Whitehurst – Consumers Council of Canada – (416) 483-2696
PIAC mourns the passing of Nancy Riche
Nancy Riche passed away on Oct. 1. Riche was a longtime director of the Public Interest Advocacy Centre.
“Nancy made a huge contribution to public policy and the union movement in Canada,” said Michael Janigan, executive director and general counsel of PIAC.
She brought a lot of things to the Ottawa-based consumers group including muscle and wit. She was a natural leader who was always very clear about where she stood. She stood with regular people who needed help.
“Nancy Riche was passionate, but also very plainspoken and insightful. I admired her contributions at Board meetings, where she would often listen long before deftly and succinctly making her own astute contributions,” said Michael MacNeil, chair of the board of directors of PIAC.
As a union leader, a consumer champion and a proud daughter of Newfoundland Nancy made friends where ever she went.
“Nancy’s contribution to Canada is one that few can ever hope to equal. It extended over many decades and covers a wide array of activities,” Howard Pawley said.
“Nancy was always well prepared and never allowed her ego to influence her thoughts. Decency and integrity always ruled her actions. She was practical and lucid in her verbal presentations. Nancy was the embodiment of the finest qualities: passionate, dedicated, energetic, imbued with a set of values and a sense of judgment, a believer, a well-grounded optimist; these are but some of the adjectives and phrases that comfortably attach to her life’s contribution,” PIAC board member Pawley said.
“She led by example. She did not preach. She did. Nancy believed in her causes and advanced them with eloquence and elegance. She balanced the present and the future, leading gently but firmly those social issues that are on the cusp of progress. She was the model of the conviction, passion and commitment. Nancy’s life was most productive. She did much for the Labour movement and her years with PIAC are appreciated by us all,” Howard Pawley said.
PIAC board member Cynthia Patterson said: “Nancy was a strong, compassionate and challenging friend to women, to labour, to the marginalized. She integrated her politics with her personal life. In recent years Nancy courageously and lovingly deepened her experience and enriched the lives of others by opening to new family relations.”
PIAC mourns her passing and extends our condolences to her family and friends.
