Public Interest News, anti-spam, ma limite de crédit, spectrum auctions, financial planners
PIAC agenda, Lawful access, copyright and privacy law reform
The upcoming session of the 41st Parliament is expected to give first reading to a number bills of importance to Canadian consumers. PIAC will be paying close attention to bills on lawful access, copyright protection and privacy.
This fall the Ottawa-based consumers group plans to release reports on virtual world payment systems, returns of goods bought online and data breaches. PIAC lawyers and researchers are studying wireless data roaming rates and advertised broadband speeds. The group is also working on frameworks for:
regulation of the financial planners,
a national securities regulator and
spectrum auctions.
With the Canadian Consumer Initiative, PIAC continues to monitor the enforcement of the National Do Not Call List and Canada’s new Anti-Spam Legislation.
Anti-spam, PIAC to comment on draft regulations
In early July two sets of draft regulations to enforce the new anti-spam law were published. The deadline for submissions of comments is Sept 7. PIAC intends to submit comments on both the Canadian Radio-television and Telecommunications Commission’s and Industry Canada’s draft regulations.
PIAC is also urging individual to consumers make submissions at:
Industry Canada, and CRTC,
In December a PIAC report called on the CRTC, which is primarily responsible for the fines and penalties spammers now face in Canada, undertake “intense enforcement efforts” in the early days of the law to send a message to violators of the new law and to bolster Canadians’ confidence in using online commerce.
Augmenter ma limite de crédit peut-il améliorer ma cote ?”
« C’est l’argument qu’on met parfois en avant pour vous convaincre de rehausser votre limite de crédit : en augmentant l’écart entre le montant disponible et le montant utilisé, vous allez améliorer votre cote de crédit. Solution miracle ou piège en perspective ? » Priscilla Franken a écrit pour Protégez-Vous, Septembre 2011.
« “Il est vrai que plus le solde est proche de la limite autorisée, plus le pointage est affecté à la baisse. Mais augmentation de la limite de crédit rime aussi avec augmentation du potentiel d’endettement… ce qui fait normalement baisser la cote”, explique Lisanne Blanchette, conseillère budgétaire à Option consommateurs » Protégez-Vous a rapporté.
CRTC needs new chart
On Aug. 18 the Canadian Radio-television and Telecommunications Commission (CRTC) released Navigating Convergence II: Charting Canadian Communications Change and Regulatory Implications.
“The (CRTC’s) musings about the way ahead seem to be somewhat confused in relation to what has to be done. Certainly they’ve acknowledged that the instruments they’re dealing with have been made in another era, and that there’s no particular buy-in for one view of what exists currently,” said Michael Janigan, PIAC executive director in an interview with Postmedia News.
Janigan said: ”(T)here’s a fairly compelling need for reform of the way in which the industry itself is regulated, whether that be a single act or comprehensive legislation that provides minimum standards for things like inter-connection, access, consumer protection that apply across the board to all players,” Sarah Schmidt reported for Postmedia News on August 18, 2011.
The legislation involved includes Telecommunications Act, the Broadcasting Act and the Canadian Radio-television and Telecommunications Commission Act.
Cabinet ministers at Telus and Bell
“The appointment of former senior Conservative cabinet ministers to the boards of leading Canadian telcos is turning attention to the companies’ potential influence with the Harper government. Telus Corp. announced Friday that it has appointed former Treasury Board president Stockwell Day to its board of directors,” an Aug. 8 Wire Report story said. Former Industry Minister Jim Prentice recently joined Bell’s board.
“John Lawford, counsel with the Public Interest Advocacy Centre (PIAC), said the “revolving door” between telecom and government is nothing new. “Political cronyism is alive and well in Canada,” Lawford said in an interview with Wire Report’s Mark Burgess.
PIAC calls for separate lawful access bill
“A coalition of several public interest groups is calling on the Harper government to table “lawful access” technical surveillance legislation separately from omnibus crime legislation and to give the bill “an appropriate hearing.” In the last Parliament, the Conservative government introduced bills C-50, C-51 and C-52, collectively known as lawful access legislation,” an Aug. 10 Wire Report story said.
“The bills would force Internet service providers (ISPs) to disclose customer information to law enforcement authorities without a court-ordered warrant. Names, addresses, phone numbers, email addresses, Internet protocol addresses, and device identification numbers could be requested by authorities. The coalition includes OpenMedia.ca, the International Civil Liberties Monitoring Group, the Public Interest Advocacy Centre, the Canadian Internet Policy and Public Interest Clinic, and the Canadian Civil Liberties Association,” the Wire Report story said.
Corporate Canada waking up, Inequality is bad for business
The Conference Board of Canada has recently released two studies on inequality, funded by 24 influential corporations. The studies warn, “High inequality can diminish economic growth if it means that the country is not fully using the skills and capabilities of all its citizens or if it undermines social cohesion, leading to increased social tensions. Second, high inequality raises a moral question about fairness and social justice,” PIAC board member Armine Yalnizyan wrote for Straight Goods on Aug. 22.
‘We think of Canada as a kinder, gentler country, but our increase in income inequality has been more rapid of late than at any time in our recorded history. Among 32 OECD nations, Canada fell from 14th most equal to 22nd since the mid-1990s (a more rapid decline than even the U.S.),” Yalnizyan wrote.
LTE and 4G, Towards honest representations of speed in wireless ads
“Around the world, there are a number of jurisdictions who have begun recognizing the discrepancy between advertised speeds (based upon theoretical maximums) and the actual speeds experienced by consumers. Many of them have begun taking steps to ensure that consumers are provided with honest and transparent information when they choose a wireless/broadband provider including requirements that they provide minimum speed information to any potential customers,” PIAC summer intern Mike Fujimoto wrote in an article called “Rogers LTE and 4G: Beyond Sales Puffery?”:
“While Canada has typically been behind the curve in the adoption of new wireless technologies/hardware, Rogers’ announcement of the launch of its LTE network in Ottawa has meant the city will be an early adopter of the fastest commercially-available wireless technology in the world. Hopefully, the CRTC and/or the Competition Bureau will decide to be ahead of the curve and will consider the adoption of broadband advertising guidelines that would help Rogers differentiate their LTE service without the need to play name games. Adopting these requirements would go a long way towards ensuring Canadian wireless/broadband customers are provided with information that is actually representative of true performance allowing them to make an informed decision on their next wireless provider,” PIAC’s Mike Fujimoto wrote for openmedia.ca on Aug. 12.
Public Interest News, Fees, Miss Grundy UBB, Une surabondance des écolabels, Facebook, Skype
Vertical Integration, PIAC recommends skinny service packages
In its final comments filed this month to the CRTC Broadcasting panel examining Vertical Integration, PIAC recommended the adoption of a much reduced (“skinny”) basic service for cable and satellite services that would be costed and capped.
PIAC noted that basic service rates have doubled since deregulation (CRTC transcripts) of basic service for broadcast distributors (BDUs). It was necessary to make basic service actually basic to eliminate the rent seeking behaviour of vertically integrated entities when it came to their own product. As well, PIAC noted that a skinny basic service would also ease the transition from analogue to digital for current over the air (OTA) analogue signals recipients that may not be able to afford BDU rates and not have access to digital OTA.
PIAC also endorsed the non-exclusivity rule for content available on all media platforms, together with expeditious dispute resolution.
Canadians plagued by unwanted phone charges
“Janet Lo at the Public Interest Advocacy Centre (PIAC) says Canadians are complaining about getting charges for premium text messaging services they didn’t sign up for and are having a hard time fighting the charges,” Rebecca Lindell wrote for Global News Winnipeg on July 14, 2011.
In June PIAC released a report called “Paying a Premium: Consumers and Mobile Premium Services”. The report is on PIAC’s website.
“We think the CRTC is the appropriate regulator to look after the services,” (Lo) said. “We think the CRTC needs to examine the contracts that are in place between the wireless service providers and the mobile service providers and make sure there are safeguards in place.” Currently, the practice of sending premium text messages is regulated in Canada by the telecommunications industry,” Global News reported.
UBB, Bell billing idea will stifle internet competition, PIAC says
On July 13 PIAC presented to a “CRTC hearing to determine how small ISPs are charged for network access that they rent wholesale from large telecommunications companies such as Bell. Bell and other “incumbent” telecommunications companies are required to rent access to their networks to independent ISPs — their wholesale customers. That allows the small ISPs to create internet packages to sell to their own retail customers and meet the CRTC’s goal of boosting internet competition,” CBC News reported on July 13
“Lawyers with the Public Interest Advocacy Centre, which represents consumer groups, opposed both Bell’s and CNOC’s usage-based billing proposals in its presentation Wednesday afternoon, saying it is against policies that “penalize users based on their use of the internet”.
CBC News reported: “Canadian consumers and businesses should be encouraged, not discouraged, from making use of the growing range of applications, sources of information and entertainment made available by the internet,” said John Lawford, counsel for the group.
Les familles ont du mal à se loger
« Dans l’ensemble, selon la Corporation des propriétaires immobiliers du Québec, le parc locatif du Québec compte 1,3 million de logements. Ils ont plusieurs enfants. Ils en ont même un peu trop de l’avis de certains. Parmi les associations de locataires, le mot circule en effet qu’il est de plus en plus difficile pour les familles relativement nombreuses de trouver un logement » Caroline Montpetit a écrit pour Le Devoir le 2 juillet 2011,
« À Option Consommateurs, où on suit les ménages en difficultés financières, Sylvie de Bellefeuille, avocate consultante, relève qu’une forte proportion de ménages doivent consacrer bien plus que 25 à 30 % de leur revenu net au paiement de leur loyer. «Il n’est pas rare de voir des gens consacrer 50 à 60 % de leurs revenus à leur loyer, dit-elle. Cela a comme conséquence qu’ils ont des difficultés à payer leurs autres factures, dont l’électricité. Ensuite, on voit des problèmes d’endettement parce que les gens se servent de leurs cartes de crédit pour payer l’épicerie » Le Devoir a rapporté.
Anti-Counterfeiting Trade Agreement contradicts the Copyright Act
’ … The Anti-Counterfeiting Trade Agreement, which has been negotiated in secret by 37 different countries, including Canada. While Canada has not yet signed on, ACTA would force the government to harden its copyright rules to be in sync with those negotiated by the member countries, and could cut off Internet access for a year to those suspected of illegally downloading copyrighted songs or movies,” Jason Magder wrote for the Montreal Gazette on July 13.
“Speaking for the Public Interest Advocacy Centre, an Ottawa-based non-profit consumer advocacy group, counsel Janet Lo said the ACTA agreement … appears to contradict the most recent reform of the copyright act (which died on the order paper at the last election) … ACTA would allow copyright holders in other countries to gain the identities of those who have made illegal downloads from ISPs,” the Montreal Gazette reported
“We are concerned about how that might affect the current copyright enforcement regime,” the Gazette quoted PIAC’s Janet Lo.
CRTC, Canadian consumers have Miss Grundy for a champ
“The CRTC has always had to manage an image in the public almost like Miss Grundy from the Archie comic series – effectively there to prevent access to things that Canadians might want to watch. When someone thinks of the CRTC, that’s the group that doesn’t allow you to watch the Super Bowl ads from the United States,” said Michael Janigan, executive director of the Ottawa-based Public Interest Advocacy Centre. “They start off with an image of a naysaying bureaucrat, and it’s very difficult for them to assume the mantle of consumer protector as a result, and people don’t necessarily look at them like that,” Sarah Schmidt wrote for Postmedia News on July 11, 2011.
“Said Andrew Cardozo, who served two terms as a CRTC commissioner, until 2003: “It is in some ways a consumer protection agency, but I would say that their consumer credentials are not very strong.” … Industry experts, in a 2010 telecom survey carried out by the Public Interest Advocacy Centre, found the majority of those asked – including industry reps – said they disagreed that commissioner appointments have been made in an open, professional and transparent process “that has ensured the best qualified have been appointed,”Postmedia News reported.
Aviation Safety News, Transport Canada safety side-steps
Aviation Safety News is a project of Transport Action Canada and the Public Interest Advocacy Centre. Public Interest Advocacy Centre monitors aviation legislation. PIAC has standing before the Canadian Transportation Agency and the courts. Transport Action Canada is represented on the Canadian Aviation Regulation Advisory Council. The Aviation Safety News readers’ group includes top aviation safety authorities, industry and civil service professionals.
This issue of Aviation Safety News covers reports by journalists on Cougar Helicopters Flight 491 Sikorsky S-92A helicopters, Continental Connection Flight 3407, Swissair Flight 111 aircraft wiring and Air France Flight 447 pilots made a series of mistakes. The issue includes calls on Transport Canada by the Transportation Safety Board for action on long-standing safety initiatives and a report on Transport Canada’s legal strategy of last minute out-of-court settlements in liability cases.
Facebook Skype fees, Watch out PIAC warns
“Facebook’s plan to offer one-button access to Skype video calling is unlikely to tax Canada’s Internet infrastructure. But it could easily lead to added fees for unwitting users who exceed the monthly limits on their Internet service plans, one consumer advocate warns,” Madhavi Acharya-Tom Yew reported for the Toronto Star on July 7.
“My concern is that folks are going to get a big fat bill,” said John Lawford, lawyer for the Public Interest Advocacy Centre, a consumer advocacy group that has closely followed the usage fee issue. “I sure hope people know they will be blowing their limits and get charged overage fees. If they use it on the Smartphone, they’re really going to get wacked because those limits are much lower,” the Toronto Star quoted PIAC’s John Lawford.
New broadcasting participation fund expected to be running next spring
“Consumer groups say they are underrepresented in the CRTC’s broadcasting consultations but that they hope a new fund will soon help level the playing field and allow them to keep up with the big industry players. “I’ve spoken to quite a number of groups over the years and asked them why they weren’t intervening, and they say, ‘We just can’t afford it, there’s no compensation,’” Catherine Edwards, spokeswoman for the Canadian Association of Community Television User Groups and Stations (CACTUS), said in an interview,” Karen Fournier wrote for Wire Report on July 8.
“In March, the commission approved a request from the Public Interest Advocacy Centre (PIAC) to direct a portion of the tangible benefits flowing from BCE Inc.’s acquisition of CTV to create the Canadian Broadcasting Participation Fund (CBPF),” the Wire Report story said.
PIAC and CIPPIC do not endorse OECD Principles on Internet Policy Making
On June 30, the Public Interest Advocacy Centre and the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, as part of a coalition of more than 80 civil society groups, have declined from endorsing a set of Internet Policy Principles presented by the Organization for Economic Co-operation and Development (OECD)… Intended to instil consistency in International online decision-making processes, there is much value in the itemized set of Principles found in the OECD’s Communiqué on Principles for Internet Policy-Making.
PIAC and CIPPIC are particularly supportive of principled commitments in the Communiqué to better global privacy protections and to preserving an open and innovative Internet, as well as to cooperative multi-stakeholder processes as a means of resolving Internet policy conflicts. Concern stemmed from the Communiqué’s attempts at more detailed articulations of these principles which, in many cases, served to completely undermine the itemized Principles it was attempting to establish. “Paying lip service to high-sounding principles is not enough,” said John Lawford, counsel for PIAC. “A Principle aimed at limiting liability for Internet intermediaries for their customer’s content, for example, should not be written to push on them the role of intellectual property police.”
Competition Bureau’s $10 million fine a strong message to industry, PIAC says
“The Competition Bureau’s $10 million fine against Bell Canada for “misleading advertising” on Tuesday came as a surprise to industry insiders who say it marks a more active approach from the tribunal in the telecom sector. John Lawford, counsel at the Public Interest Advocacy Centre (PIAC), said it makes sense for the bureau to turn its attention to an industry that affects most Canadians and where advertising spending is “astronomical’”, Mark Burgess wrote for the Wire Report on June 29, 2011.
Produits ménagers verts, une surabondance des écolabels non-officiels
« À l’approche d’une intense période de déménagement au Québec, et par le fait même de nettoyage, le produit vert dans le secteur des produits d’entretien ménager chez-nous est-il aussi vert qu’il le prétend? L’Observatoire de la consommation responsable (OCR) de l’Université de Sherbrooke rend public aujourd’hui un important rapport sur les stratégies de positionnement vert dans le secteur des produits d’entretien ménager au Québec qui démontre notamment l’importance de créer un processus d’identification officiel (Éco Logo) plus crédible aux yeux des » Telbec a rapporté le 28 juin .
« La multiplication des logos environnementaux crée de la confusion chez les consommateurs et les empêche de faire des choix éclairés », affirme François Décary Gilardeau de chez Option consommateurs, dont l’association a pour mission de promouvoir et défendre les intérêts des consommateurs ainsi que de veiller à ce qu’ils soient respectés.
“No policy or regulatory outcomes” from CRTC online video consultation
“The CRTC launched the consultation in late May … The CRTC approach raised two immediate concerns for consumer groups. First, the short deadline provided little time to research the issue and respond in a constructive manner … Second, by labeling the consultation a “fact-finding exercise”, it took it outside the full public consultation process that offers public interest groups the opportunity to seek compensation for their costs,” Michael Geist wrote for the Toronto Star on June 26 2011.
“When Canadian consumer groups voiced these concerns to the CRTC, they were summarily dismissed. … The Public Interest Advocacy Centre raised concerns about exclusion of costs for consumer groups in a letter sent to the CRTC on June 6th. A week later, the Commission affirmed that the intervener cost rules did not apply to the fact-finding exercise since ‘no policy or regulatory outcomes will be determined on the basis of this exercise’,” Geist wrote for the Toronto Star.
PIAC and CIPPIC Join International Civil Society Groups in Declining to Endorse OECD Principles on Internet Policy Making
OTTAWA – June 30, 2011. The Public Interest Advocacy Centre and the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, as part of a coalition of more than 80 civil society groups, have declined from endorsing a set of Internet Policy Principles presented by the Organization for Economic Co-operation and Development (OECD).
Intended to instill consistency in International online decision-making processes, there is much value in the itemized set of Principles found in the OECD’s Communiqué on Principles for Internet Policy-Making. PIAC and CIPPIC are particularly supportive of principled commitments in the Communiqué to better global privacy protections and to preserving an open and innovative Internet, as well as to cooperative multi-stakeholder processes as a means of resolving Internet policy conflicts.
Concern stemmed from the Communiqué’s attempts at more detailed articulations of these principles which, in many cases, served to completely undermine the itemized Principles it was attempting to establish. “Paying lip service to high-sounding principles is not enough,” said John Lawford, Counsel for PIAC. “A Principle aimed at limiting liability for Internet intermediaries for their customer’s content, for example, should not be written to push on them the role of intellectual property police.”
There was general concern, as well, that the Communiqué elevated protection of intellectual property rights above all else in ways that could conflict with fundamental human rights and freedoms and due process. “The unbalanced manner in which this Communiqué addressed intellectual property rights is troubling,” said CIPPIC Director David Fewer. “The Communiqué ignores the role played by exceptions and limitations to liability in promoting innovation and creativity through intellectual property. Further, the disproportionate IP protection mechanisms found in this document are far out of touch with Canadian values.”
“For a set of principles aimed at ‘ensuring that the Internet remains open and dynamic’, the Communiqué does very little to prevent ISPs from throttling innovative content on their networks,” said Fewer. “Allowing ISPs to ensure appropriate service quality is troubling if it does not include assurances that content will not be discriminated against.”
“A comparison of the Communiqué’s protection of IP and privacy is telling,” said Lawford. “While intermediaries must act to reduce IP infringement on their services, the global privacy protections envisioned by this Communiqué appear largely based on stronger education efforts, not regulation.”
In spite of its shortcomings, CIPPIC and PIAC (as part of the Civil Society Information Society Advisory Council to the OECD) remain committed to ongoing cooperative discussions with OECD member governments and with representatives of the international business and technical communities at the OECD and in other venues aimed at resolving such differences in principle and at striving for consistent and global customer protection standards.
CSISAC Press Release
CSISAC Statement on Communiqué
Contact:
David Fewer
Director, CIPPIC
(613) 562-5800 ext. 2553
John Lawford
Counsel, PIAC
(613) 562-4002×25
Consumers Need Better Safeguards for Mobile Premium Services
OTTAWA – The Public Interest Advocacy Centre (PIAC) in a report released today entitled, “Paying a Premium: Consumers and Mobile Premium Services” called for better consumer protection for mobile premium services, also known as premium text messaging services.
PIAC’s report includes focus groups with consumers who had experiences with mobile premium services and a review of industry self-regulation and practices for mobile premium services.
PIAC counsel and report co-author Janet Lo noted that consumers continue to report many problems with mobile premium services, from unauthorized subscriptions to unsuccessful unsubscription and difficulties disputing charges for these third party services with their wireless service provider and the mobile premium service company: “The self-regulatory model for mobile premium services is not working for consumers. Consumers need and expect better protection against unauthorized billing for mobile premium services, especially from their wireless service provider who is a central party profiting from this industry.”
The report notes that many other countries, including Australia, the U.K. and the United States have stronger regulatory models for mobile premium services, some of which mandate that consumers have access to a free premium text blocking service to prevent unwanted charges.
The report makes a number of recommendations to improve consumer protection for mobile premium services. PIAC recommends that the Canadian Radio-television and Telecommunications Commission (CRTC) consider regulating mobile premium services and implement analogous consumer safeguards that currently exist for third party pay call (900/976 services) for phone. PIAC also calls on wireless service providers to assume greater responsibility for protecting their consumers as both a profiting party and as the first point of contact with the consumer.
“Regulatory oversight of premium text messages and strong enforcement of the rules in the public interest is long overdue.” Lo said. “Consumers should be extremely wary of these services until the problems with them are fixed.”
The full report is available for download at the following link: Paying a Premium: Consumers and Mobile Premium Services
PIAC received funding from Industry Canada’s Contributions Program for Non-Profit Consumer and Voluntary Organizations to prepare the report. The views expressed in the report are not necessarily those of Industry Canada or the Government of Canada.
For more information, please contact:
Janet Lo
Counsel
Public Interest Advocacy Centre
ONE Nicholas Street, Suite 1204
Ottawa, ON K1N 7B7
(613) 562-4002×24 (Tel)
(613) 562-0007 (Fax)
jlo@piac.ca
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Paying a Premium: Consumers and Mobile Premium Services (Rev Sept 2011)
Download File: mobile_premium_services_final_report_rev_15sept2011.pdf [size: 1.99 mb]
Public Interest News, Vertical integration, Reserve spectrum, Québec s'attaque au sur endettement
Vertical integration, We need rules PIAC says
“Canada’s telecommunications regulator needs to set rules to prevent possible “cartel-like behaviour” from telecommunications companies such as Bell and Rogers that also own content such as TV shows that competitors would like to be able to offer online, said Chris Peirce, chief corporate officer for MTS Allstream,” CBC News reported from Canadian Telecom Summit.
“John Lawford, counsel for the Public Interest Advocacy Centre, which speaks on behalf of consumers, said he thinks that is a potential problem. “We need rules so that people don’t get locked into services they may not really want … or that impede competition,” he said.
“Lawford added that he doesn’t think someone should have to maintain wireless service with a certain provider just to get mobile access to hockey games. “That’s not a fair situation. It certainly doesn’t help competition,” CBC’s Emily Chung reported on June 1, 2011.
Reserve spectrum for new competition
“On the eve of its one-year anniversary in the Toronto market, Public Mobile fired a shot across the bow at Canada’s big three wireless incumbents, imploring the federal government to once again set aside chunks of spectrum exclusively for upstart new players in the next spectrum auction,” Christine Wong wrote for IT Business on May 26.
“Reserving spectrum for fresh players is necessary to prevent the big three from enjoying an “oligopoly,” said Michael Janigan, executive director and general counsel at the consumer research group Public Interest Advocacy Centre in Ottawa. “We think the solution is to ensure that spectrum is set aside for new entrants and competitors in the market so they are able to offer wireless service at competitive rates, as well as experiment with other kinds of offerings that might not be appealing to the incumbents,” IT Business quoted Janigan.
Option consommateurs, Canada Consumer Product Safety Act comes into force
On June 20, 2011 the federal government announced the Canada Consumer Product Safety Act, passed in December, is now in effect. “We are pleased the government now finally has the power to remove dangerous products from the store shelves,” said Anu Bose, head of the Ottawa office of Option consommateurs.
Option consommateurs, the Public Interest Advocacy Centre, Safe Kids Canada, Environmental Defence and others worked diligently to build all-party support for the legislation.
Bose said the mandatory recall provision was a long time coming. She noted injuries by consumer products lead 14.000 kids a year make emergency room visits. Key elements of the Canada Consumer Product Safety Act
Québec s’attaque au sur endettement
« Fini les grands magasins qui offrent des petits cadeaux pour encourager les consommateurs à demander une carte de crédit. Fini les émetteurs qui fournissent des cartes à des jeunes de moins de 18 ans sans l’autorisation de leurs parents. Fini aussi les prêteurs de dernier recours qui accordent du crédit à des consommateurs criblés de dettes » Stéphanie Grammond a rapporté pour la Presse le 9 juin 2011.
« Québec s’attaque au surendettement des consommateurs avec le projet de loi 24 déposé, hier, à l’Assemblée nationale. Il s’agit de la troisième et dernière phase du plan de modernisation de la Loi sur la protection du consommateur (LPC) qui avait été lancé en 2006. «Le principe du prêteur responsable est une des belles avancées. Ça intègre dans notre loi des principes qui existent déjà en Europe», a dit Stéphanie Poulin, directrice du service juridique d’Option consommateurs, qui est très satisfaite de l’ensemble du projet de loi déposé » La Presse a rapporté.
Payez vos factures, Le consommateur doit s’informer
Stéphanie Grammond de la Presse a rapporté le 07 juin: « Recevoir un état de compte, ce n’est pas un droit, c’est un privilège. Le consommateur doit s’informer de la somme qu’il doit et s’organiser pour payer quand même», indique Élise Thériault, d’Option consommateurs.
Seule exception: les cartes et les marges de crédit. La Loi sur la protection du consommateur précise qu’une institution financière n’a pas le droit d’exiger des intérêts sur les achats du mois courant, tant que le consommateur n’a pas reçu son relevé de compte à la maison, précise Me Thériault » La Presse a rapporté le 7 juin.
CRTC’s definition of Internet access clouds connectivity statistics, critics say
“The CRTC is blurring the true levels of broadband usage across the country with its definition and measurement of broadband Internet “access,” critics say. … Statistics Canada’s Internet use survey for 2010 said just 79 per cent of households “access” the Internet. According to Statistics Canada, “access” means a household has an Internet connection,” Stefan Dubowski wrote for the Wire Report on June 10, 2011.
“But according to the CRTC, “access” means that a household has a broadband service available to it, regardless of whether it has a connection. … John Lawford, research analyst and lawyer with the Public Interest Advocacy Centre (PIAC), (said) that actual usage is more important than potential usage. “I’d like it to be people actually able to put Google on their screens,” The Wire Report quoted Lawford.
Foreign ownership and the public interest
“The Roil report (on Vale Inco in Voisey’s Bay, Newfoundland and Labrador) shows how multi-national corporations are gaining in size and power, here in Canada and around the world. But it also shows how we are far from powerless to deal with them. Multinational corporations (MNCs) operate differently in different nations, depending on the norms, rules and expectations of the host nation,” PIAC board member Armine Yalnizyan wrote for Straight Goods on May 24.
“Pause for a moment on the term “host”. These companies are our guests. They are invited in, under certain terms and conditions. We have what the rest of the world wants. What do we want out of the bargain?
“We have a broad range of tools at all levels of government to manage that investment to serve the public interest, from the role of the federal government and how the Foreign Investment Act is used to serve the public interest to the role of the provincial governments and how they shape their labour, economic development and environmental ministries. Our goal should be to export the first world economy and conditions, not import a third world standard,” the Straight Goods story said.
Un répertoire pour manger local au Québec
L’organisme écologiste Équiterre propose aux citoyens du Québec un nouveau répertoire en ligne recensant plus de 300 initiatives québécoises pour s’approvisionner en fruits et légumes directement de la ferme. Accessible au grand public sur le site Internet d’Équiterre, le guide Manger local au Québec comprend plusieurs formes de circuits courts comme les marchés publics, les marchés en ligne et les épiceries, commerces ou institutions s’approvisionnant directement du producteur.
Effectuée par Équiterre, en collaboration avec Option consommateurs, Extenso et l’Université Laval, l’étude s’intéressera entre autres à l’offre des circuits courts au Québec, à l’impact de ce type de distribution sur les saines habitudes de vie et à l’accessibilité aux fruits et légumes locaux.
$230M in private financing for national rural internet, Not near enough
“Internet service provider Xplornet Communications Inc. has raised $230 million in private financing to expand its new broadband network across rural Canada and rapidly expand the New Brunswick company’s footprint. … “Most countries have a challenge with digital literacy. Whoever gets there first I think has the advantage to unleash significant productivity improvements for their economy,” said Xplornet’s CEO John Maduri,” LuAnn LaSalle reported for The Canadian Press on May 24.
“However, lawyer John Lawford of the Public Interest Advocacy Centre said Xplornet’s service won’t be affordable in rural and remote areas and adds that the technology also won’t match what is available to urban consumers. “It’s not going to help the average person,” said Lawford, who estimated that about $35 a month, and ideally less, the service in rural and remote areas would be considered affordable,” The Canadian Press reported.
CRTC rules CFIB is a consumer group
“The CRTC denied on Friday a request from the Public Interest Advocacy Centre (PIAC) to remove a group from the board nomination process of the Commissioner for Complaints for Telecommunications Services (CCTS). Last February, PIAC requested that the Canadian Federation of Independent Business (CFIB) be removed from the process for nominating consumer-group appointed directors to the CCTS, an independent telecom consumer agency established by service providers in 2007,” a May 20 Wire Report story said.
”(T)he CRTC said the CFIB “is independent of the telecommunications industry and represents a subset of consumers of telecommunications services … whose complaints fall within the CCTS’s mandate,” the Wire Report story said.
Canadians not happy about mobile costs, PIAC advocates major reforms needed
“Canadians are still unhappy with the cost and level of mobile service they receive, despite an influx of new wireless competition in the last year, according to a new survey by J.D. Power and Associates.The consumer reports group measured satisfaction in service, phone offerings and retail experience and found that Canadians are most unhappy with the cost of service. Satisfaction in this category averaged only 551 on a 1,000-point scale, compared to an average of 648 for overall satisfaction,” Stefania Moretti reported for QMI Agency on May 10
“Canadian consumer rights group Public Interest Advocacy Centre has called for major reforms to Canada’s telecommunications industry because, it says, Canadians are still not reaping the benefits of deregulation and increased competition,” QMI Agency reported.
Use spectrum auction to further competition
The Public Interest Advocacy Centre wants the auction of spectrum in 2500 MHz band to conducted with the objective of furthering competition in the provision of wireless service. PIAC filed reply comments yesterday in the federal government consultation responding to the calls by some incumbents for Industry Canada to abandon the practice of reserving spectrum for new entrants.
PIAC, noting that 3 companies currently have the rights 85% of spectrum and Bell, Rogers and their joint affiliate Inukshuk own nearly 2/3 of the 2500MHz spectrum, submitted that Industry Canada should continue to foster competition by capping the incumbents ability to acquire new spectrum.
“This is not simply a matter of getting the most money, but also of fostering the most efficient market for wireless,” said Michael Janigan, General Counsel for PIAC.
PIAC’s submission responded to predictions of service loss by the incumbents by noting that the UK regulator Ofcom had shown that new technologies were enlarging spectrum capacity significantly beyond current estimates. Partly as a result, Ofcom has been intent on ensuring that at least 4 national networks exist in the UK.
Download File: final_piac_reply_comments_smse_005_11_may_13.pdf [size: 0.25 mb]
Public Interest News, CRTC roadmap to the future, CRTC road map, Cette drogue qu'on appelle crédit, Quebec-style consumer protection
What’s ahead for Canada’s consumers? No red carpet but no brick wall, Michael Janigan says
”(PIAC) Executive director Michael Janigan is optimistic that he can get action from the new government. … Despite their standard response to let the market take care of consumer problems, the Conservatives will turn to regulation when they think their voting base is affected, Janigan argues. “We’re not expecting a red carpet to be laid down in front of us,” he says about the coming four years, “but we don’t expect to run into a brick wall,” Ellen Roseman reported for the Toronto Star on May 4.
Quebec-style consumer protection: New MPs may push for better Canadian laws
“Quebec leads the rest of Canada in enforcing consumers’ right to fair dealing when buying goods and services. It’s the first province to limit cancellation charges by cellphone providers when buyers seek an early exit from their contracts,” Ellen Roseman wrote for the Toronto Star on Apr. 26 2011
“The Public Interest Advocacy Centre, an Ottawa-based consumer group, has called on other provinces to impose higher standards on planners than what was required by self-regulatory bodies. Quebec’s rules should be used as benchmark, PIAC said in a 2009 report, applauding a ban on operating businesses under confusingly similar titles to financial planner, such as financial adviser and private wealth consultant,” The Toronto Star reported.
Health Canada too timid: Anu Bose, Option consommateurs
“Health Canada is being criticized for being “timid” about safety after it didn’t follow up on concerns of its own staff about the potential hazards of a bassinet and a portable bed for babies. … “Anu Bose of the group Option consommateurs called Health Canada’s “timid” approach to staff opinions as “alarming.” “It should trigger followup action. It’s this whole mode of being proactive instead of reactive,” said Bose, who wondered whether there’s a culture problem at Health Canada or if it’s question of resources,” Postmedia News reported on Apr. 14.
PIAC supports Ontario bill aimed at curbing wireless ‘bill shock’
“Bill 133, introduced by MPP David Orazietti, aims to erect laws similar to what Quebec passed last year even as competition from startups such as Wind Mobile and Mobilicity nudges incumbents into adopting more consumer-friendly practices nationwide. In an interview, Mr. Orazietti, the Liberal member for Sault Ste Marie, said market forces alone are not doing enough,” Jamie Sturgeon wrote for the National Post on Apr. 13.
“The question is whether there should be measures put in place across the board for wireless,” said Michael Janigan, general counsel for the Public Interest Advocacy Centre in Ottawa, whose research helped convince Mr. Orazietti to introduce the bill. “I think the legislation is still necessary,” the National Post reported. The “Wireless Phone, Smart Phone and Data Service Transparency Act” passed second reading on Apr. 14.
Sony PlayStation: Consumers need more protection when when corporations lose personal information
“Industry Minister Tony Clement said Friday he’s open to the idea proposed by Canada’s privacy watchdog to give her the power to slap corporations with huge fines if they don’t protect the personal information of their customers,” Postmedia News reported on May 6.
“This is welcome news for John Lawford, a staff lawyer for the Public Interest Advocacy Centre who participated in the earlier review of the private-sector privacy law.
“He supports Stoddart’s push for powers to slap fines on companies in cases of big data breaches, but Lawford said there’s an even bigger problem with last year’s proposed amendments. “You’ve got to fix the first part,” Lawford said, of the discretion given to companies to decide whether a breach meets the test for mandatory reporting. And until this loophole in the reporting rules is closed, Lawford said, “you’ve got nothing to fine and no one to fine,” Sarah Schmidt wrote for Postmedia News
CRTC rural broadband decision: CRTC’s roadmap upside down
“Consumer group the Public Interest Advocacy Centre (PIAC) said gaps in Canada’s broadband access will endure and that the commission didn’t go far enough to promote rural broadband expansion.
“If there is no rural broadband now, there will not be any more thanks to this decision,” PIAC counsel John Lawford said in a press release. “You’re on your own Canada — see you at the bottom of the OECD broadband lists,” Lawford added,” a May 3 Wire Report story said.
“PIAC said the CRTC’s removal of basic service objectives in urban and suburban areas means customers will no longer receive basic service elements such as phone books. “If this is a roadmap to the future, the CRTC is holding it upside-down,” The Wire Report quoted Lawford on the “May 3 CRTC 2011-291 “obligation to serve decision.
Option Consommateurs: Cette drogue qu’on appelle crédit
« Les organismes comme Option Consommateurs sont aux premières loges de ce qui risque de se produire lorsque les taux d’intérêt se mettront à grimper. Car si cette variable-là est encore sous contrôle, d’autres frappent sans crier gare. Une séparation, une perte d’emploi, même une simple réduction des heures de travail peuvent avoir un effet dramatique lorsqu’on n’a aucune marge de manoeuvre financière, » Ariane Krola écrit pour La Presse le 23 avril 2011.>
Does the election mark Common Sense Revolution 2.0?
PIAC board member Armine Yalnizyan and senior economist at the Canadian Centre for Policy Alternatives (CCPA) told the Toronto Star: “We’re at a turning point where the global economic crisis might have triggered a different look at where we’re heading. But everyone wants to blame everyone else, and they’re blaming all the wrong actors,” Olivia Ward reported on Apr 30 2011.
Smart electricity meters spark privacy questions: B.C. Public Interest Advocacy Centre
PIAC board member Jim Quail and “executive director of the B.C. Public Interest Advocacy Centre, said the concern is that if meters can identify patterns of electricity usage at homes in a neighbourhood, which could be a problem if criminals were able to hack into the system. “So if someone wants to know what houses to break into in a subdivision some weekend, and if they can hack into meters in the area they can tell,” Quail told in an Apr. 29 Vancouver Sun report written by Derrick Penner.>
Food packages hide reduced contents
“Don’t be fooled by food containers – check the per-unit price on shelf,” the Montreal Gazette reported on Apr. 29. “As Montreal consumer advocate François Decary-Gilardeau, of the non-profit consumer rights group Option Consommateurs, puts it: “Things are getting smaller all the time, but the prices never go down. It’s not illegal, but…,” Susan Semenak wrote for the Montreal Gazette.
Lancement du guide « Prévenir les pièges financiers de la retraite » d’Option consommateurs
Est-il prudent d’emprunter pour investir dans son REER ? Comment choisir un planificateur financier ? Quelles sont les principales fraudes dont les personnes retraitées peuvent être victimes ? Afin d’aider celles-ci à mieux protéger leur patrimoine financier, Option consommateurs est fière de publier le guide Prévenir les pièges financiers de la retraite.
« Les personnes retraitées manquent souvent d’information en matière de budget, d’investissement et de planification financière, ce qui ne leur permet pas de faire des choix éclairés, affirme Me Caroline Arel, responsable du Service budgétaire à Option consommateurs. Par exemple, au Québec, 40 000 retraités auraient droit à une aide financière du gouvernement et ne la reçoivent pas. Souvent, parce qu’ils en ignorent l’existence. »
No Rural Broadband Fund for Canada
OTTAWA – The Public Interest Advocacy Centre (PIAC) today deplored the lack of vision of the Canadian Radio-television and Telecommunications Commission’s (CRTC) as the regulator refused to create a fund for rural broadband access. The CRTC has said it will have a “target” for broadband access for all Canadians of 5 Mbps download, 1 Mbps upload by the end of 2015 and it will “monitor” the situation to ensure this is delivered by “market forces”.
“If there is no rural broadband now, there will not be any more thanks to this decision,” said John Lawford, Counsel for PIAC who argued for a contribution fund for rural broadband access at the CRTC hearing in Gatineau, Quebec. “You’re on your own Canada – see you at the bottom of the OECD broadband lists,” he added.
The CRTC decision deals a second blow to rural consumers: higher local telephone costs, as the regulator will allow monopoly telephone providers to raise rates to $30 a month in all price regulated (rural and remote) areas of the country over the next three years.
The CRTC also removed “basic service objective” obligations to telephone customers of all telephone carriers in “forborne” – largely urban and suburban – areas, meaning customers are no longer assured such basic elements as the provision of a phone book.
“If this is a roadmap to the future, the CRTC is holding it upside-down,” said Lawford.
Read the full decision: Telecom Regulatory Policy CRTC 2011-291
Public Interest News: Cellphone bills / Les prêteurs / UBB retail-price maintenance / 25% set aside / Premium text messaging
Cellphone bills: PIAC calls for better consumer protection
On March 11 CBC TV’s Marketplace asked who has Canada’s worst cellphone bill? Consumers told Marketplace—“No one’s trying to help me out— It’s daylight robbery—I felt like crying when I opened this bill.” A Marketplace panel gave the prize to Perry Franz for his $17,148.75 bill from Bell Mobility.
Host Tom Harrington interviewed Industry Minister Tony Clement who suggested the CRTC could do something about cellphone companies. When Harrington noted the CRTC has no jurisdiction over the wireless industry the Minister suggested new competition is helping. Marketplace reported total revenue for Canadian cellphone companies in 2009 was $16.9 billion dollars with 94% of the market controlled by Rogers, Bell and Telus.
Harrington also interviewed PIAC’s John Lawford who said: “Customer service, unfortunately, on its own, is a problem with cellphone companies in particular. They have a lot of front line staff to deflect questions, to tell people that they’re wrong, and that they need to pay these bills. It’s a business model predicated on disrespect really.” On the failure of the federal government to do anything Lawford told Marketplace: “You have Quebec saying it’s such a big problem for consumers we have to take a chance and try to regulate it. Manitoba thinking about it – Ontario might do it. That kind of pressure is the only way to get the federal authorities to do something about it.”
Option consommateurs spokespersons will be available to assess the budget
Option consommateurs spokespersons Anu Bose, Head of the Ottawa office and Maryse Guenette, Head of Research and Representation in the Ottawa office will be available to comment on the March 22 federal budget. “Option consommateurs has made several recommendations to the government on strengthening consumer voice in the marketplace. We will be scrutinising the budget to see if the government is listening to consumers,” say Guenette and Bose.
Abandoned in the market: The sad state of Canadian consumer protection
“The Internet and social networks are clearly playing larger roles in the successful presentation of consumer issues and generating public response. What is needed is a method to bridge the gap between the ability to organize around a particular issue, and the need for a continuous, resourced consumer presence on marketplace issues that is capable of taking on the formidable armada of lobbyists, flak-catchers, CEOs and media shills that impede efforts to provide redress for consumers,” Michael Janigan said in a lecture to the Jurisprudence Centre of Carleton University on March 2, 2011.
PIAC’s executive director and general counsel said: “Ideally this funding would be independent of political machinations and ostracism on the basis of positions that differ from the government. It would be reasonable if a portion of the fines and administrative monetary penalties from marketplace misconduct, or public education funds in consumer based class action awards went to independent NGOs dedicated to consumer protection. By having the source of the funds separated from the general government budgeting process, there is less opportunity for the rigging of the process by the government to avoid embarrassment or a particular result.
“Secondly, much of the deregulation and withdrawal of black letter regulation or enforcement has taken place without an empirical review to confirm or debunk positive results for consumers. PIAC’s recent telecom review study has shown that the restructuring of the telecommunications industry has had very mixed results yet the decision to forbear from regulation has never been subsequently challenged. Where forbearance takes place, it should be subject to periodic review.
“Thirdly, Canada needs a Consumer Protection Commissioner to act in the same fashion as the Competition Commissioner in studying industries, encouraging public engagement as well the enforcement of applicable consumer protection as warranted. Finally, we need an approach to marketplace issues that relies on actual results not simply the intent to please the best resourced stakeholders in the hope that their success will rub off on our economy and political party bank accounts,” Janigan said. Download the full text
CRTC refuses bid to widen internet review: Retail-price maintenance
“Canada’s telecom regulator said (March 11) it will not expand its probe into Internet pricing to look at the billing practices of retail internet services because market forces are working just fine for consumers. … The CRTC also said it would be inappropriate to expand the review, as requested by many, to cover the overall regulatory framework for wholesale high-speed Internet access services. The review — now to include online consultations and oral hearings in July — will examine the issue of network capacity and congestion,” Sarah Schmidt reported for Postmedia News on March 11.
“The Public Interest Advocacy Centre was one of the groups calling for the scope of the CRTC’s review to be expanded. Staff lawyer John Lawford called CRTC’s salvo “passive aggressive,” saying it’s an indication of where CRTC is heading with usage-based billing. “Basically they’re saying you can talk about capacity and congestion if you like, but they’re going to stick to deciding the wholesale regime on the principle that usage-based billing needs to be used to punish people that go over certain notional limits that they think is a heavy user. Well, why should one party — that is the major ISPs — be able to decide what the level is for someone who is a wholesale customer, like TekSavvy, that can decide that for themselves? I just do not understand how they can say that with a straight face and think that they’re not engaging in what would be, but for their little legal regulatory regime here, retail-price maintenance,” Postmedia News quoted PIAC counsel John Lawford.
Éviter que la maison ne s’envole : Option consommateurs
« Tant que les prix de l’immobilier continueront de grimper au pays, la question continuera de se poser : les Canadiens sont-ils en présence d’une bulle, comme celle qui a éclaté aux États-Unis en 2007, provoquant une débandade dont les effets se font encore sentir chez nos voisins du Sud ? Les nouveaux acheteurs habiteront-ils, dans quelques années, une maison valant moins que le solde de leur emprunt hypothécaire ? » Isabelle Ducas a écrit pour L’Actualité, no. Vol: 36 No: 5 1 avril 2011.
« Selon Option consommateurs, le gouvernement devrait se pencher sur les ratios qu’utilisent les prêteurs pour déterminer la somme qu’ils peuvent accorder à un acheteur. Ces ratios tiennent compte des revenus, des dettes, des impôts fonciers, des frais de chauffage, mais pas des autres dépenses, comme la garderie, une pension alimentaire, l’arrivée d’un enfant ou la nécessité d’acheter une seconde voiture. ” Beaucoup de gens font confiance aux représentants des institutions financières. Ils se disent que ceux-ci sont compétents et que s’ils acceptent de leur prêter 300 000 dollars, c’est parce que c’est correct ”, dit Caroline Arel, avocate et responsable du Service budgétaire de l’organisme montréalais » L’Actualité a rapporté.
« De nombreux proprios qui ont mal évalué leur situation financière contactent Option consommateurs pour obtenir de l’aide lorsqu’ils n’arrivent plus à rembourser leur emprunt hypothécaire. Pour leur éviter les mauvaises surprises, l’organisme suggère aux futurs acheteurs de ” s’entraîner ” à épargner et de vivre en dessous de leurs moyens pendant qu’ils sont locataires, afin de tester leur capacité de faire face aux dépenses liées à la propriété. ” Attendre un an ou deux peut avoir une énorme incidence ”, dit Caroline Arel. Surtout que bien des gens ont déjà des dettes et auraient intérêt à les réduire avant d’acheter une maison » L’Actualité a rapporté.
Premium text messaging: Tell PIAC your story
“If you use your cell phone to text make sure you study your monthly bill carefully to avoid getting dinged repeatedly for unwanted premium text messaging subscriptions. The Public Interest Advocacy Centre, or PIAC, is doing a study on consumers who have been charged for unwanted premium text subscriptions. The study’s author says there are problems with Canada’s system and it starts with consumer’s cell phone bills. PIAC says disputing the charges is almost impossible because consumers can’t access the details of the transactions,” ctvcalgary.ca reported on March 8.
If you have ever subscribed to or been charged for a mobile premium text message, please email PIAC at premiumtext@piac.ca and tell us about your experience! (Please indicate if PIAC has permission to quote your story.)
“The Advocacy Centre says as far as it knows no Canadian cell companies allow clients to put a block on premium subscriptions. However, there is no technological reason why they can’t. Other countries, like Australia, require all cell companies to provide consumers with that option as a condition of being allowed to carry and bill for premium text services at all. There is about 500 premium text messaging subscription services currently operating in Canada,” ctvcalgary.ca reported.
Canadians top users and top payers: Low competition in high speed net industry
“Canadians … pay some of the steepest high-speed connection rates in the world. The New America foundation compared prices in 10 industrialized countries last spring and found Internet users in Canada, Finland and the U.S. pay $2.68, $2.79 and $2.90 per megabyte respectively. … The Harvard Berkman Center for Internet & Society also gave Canada a poor grade when it comes to bang-for-your-buck, ranking Canada 19th overall among the 30 member countries of the Organization for Economic Co-operation and Development last year,” Stefania Moretti wrote for QMI Agency on March 9.
‘Major Internet providers tend to criticize any report that comes along, said John Lawford, a lawyer with the Public Interest Advocacy Centre. “But we are consistently in the bottom third in terms for the speed you get and the amount you pay,” QMI reported. “Telecom companies have also been squeezing customers with lower download caps as demand for broadband-heavy content such as video increases. Canada is among only a handful of countries globally that has restrictive download caps. “It boils down to low competition,” QMI quoted Lawford.
The Canadian Broadcasting Participation Fund: CRTC accepts PIAC proposal
On March 7 the Canadian Radio-television and Telecommunications Commission approved the takeover of CTVglobemedia by Bell Canada. The decision directed Bell to create a $3-million Canadian Broadcasting Participation Fund.
The CRTC decision reads: “PIAC submitted a proposal for an independent fund to represent non-commercial consumer interests before the Commission in its broadcasting proceedings. The Commission considers that PIAC’s submission presents an appropriate starting point for the development of the CBPF’s mandate, as well as insights relating to its governance and operation. PIAC stated that the goal of this new fund would be to represent non-commercial user interests before the Commission in its broadcasting proceedings.”
“Independently administered fund that will focus its activities on the representation of the interests of non-commercial consumers of broadcasting services regulated by the Commission across Canada and in both official languages. The fund will provide assistance with the representation, research and advocacy of those interests,” the CRTC decision says.
700 MHz Auction: 25% set aside
On March 1 Public Interest Advocacy Centre said 25% of the next spectrum auction should be set aside for new entrants, public safety demands and to spur innovative community-based broadcasting initiatives. The consumer watchdog said the auction process associated with the 700 MHz Band must address more than simply the goal of obtaining the highest price for the use of the spectrum. Policy makers use the auction to fix the problems with mobile wireless market in Canada, PIAC said in comment filed with Industry Canada.
The auction is expected to raise several billion dollars for the federal government. Click here for a link to the comments
Cellphones: No relationship between between costs and price
“Frank Spelde often goes to the United States to visit friends. He used to take his iPhone and pay $1.45 a minute in roaming charges under his Rogers plan. Last year, he downloaded a free app called Zerofone from the iTunes store. Now he pays $20 a month for unlimited calling to Canada, the U.S. and more than 40 other countries,” Ellen Roseman wrote in her March 1 Toronto Star column.
“Canadians pay inflated long-distance and roaming charges on cellphones, says John Lawford, a lawyer with the Public Interest Advocacy Centre. “There’s no regulation of cellphone costs at all and no relation between the cost of providing service and your plan,” he says. “So, get into a Wi-Fi spot when travelling and use your phone there,” the Toronto Star columnist wrote.
CFIB should not represent consumers on CCTS board
“Consumer groups only get two seats on the board of directors of Canada’s telecom consumer agency (industry gets three), so you can see why they’re keen to protect their turf. So when the head of the Commissioner for Complaints for Telecommunications Service (CCTS) sent an email to a group of organisations that he considered qualified for the nomination of “consumer group directors,” full-fledged consumer groups took issue with the inclusion of the Canadian Federation of Independent Business,” Sarah Schmidt blogged for Postmedia News on March 1.
“The Public Interest Advocacy Centre has filed an application with the CRTC, asking for the nomination process to be stayed. The group is also seeking a finding that the consumer agency has misconstrued the eligible list of “consumer groups” and wants the CFIB to be removed from the list of eligible consumer groups able to participate in the nomination process for “consumer group directors,” the Postmedia blog report said.
Public interest group to challenge BC Hydro on rate increases
“BC Hydro this week unveiled details of a $6-billion capital plan it says will require rate increases totalling 32 per cent over the next three years. “We’re going to be challenging a lot of things going forward,” (Jim) Quail, executive director of the B.C. Public Interest Advocacy Centre, said in an interview,” with the Vancouver Sun.
Jim Quail is also a director of the Ottawa-based Public Interest Advocacy Centre.
“Quail said he doesn’t believe it is appropriate for residential customers to contribute to BC Hydro’s $364-$525-million Northwest Transmission Line, a 344-kilometre power line to run north from Terrace. … “The Northwest Transmission Line, essentially is a financial subsidy to the mining and developments using people’s hydro bills,” Quail said. “The policy question is, is this a really appropriate way to use people’s hydro bills?” Quail also questions the rationale for BC Hydro’s $930-million plan to install computerized smart electricity metres in B.C. homes and businesses. That money, he said, could better be spent retrofitting old buildings to conserve more electricity,” Derrick Penner wrote for the Vancouver Sun on Feb. 24.
Option consommateurs: The Brick faces class action for alleged misleading ads
The Quebec consumer group Option consommateurs is seeking punitive damages of $5 million after it says The Brick claimed clients would not have to pay interest on financed purchases for 15 months. The suit says that clients are in fact charged an annual fee of $35,” QMI Agency reported on Feb. 22.
“These are false or misleading claims,” the group’s lawyer, Stephanie Poulin, told QMI Agency. “It’s important that customers be reimbursed.” Option consommateurs filed the class-action request in November 2009. The group says any clients who paid the $35 fee following a purchase at The Brick would be eligible for reimbursement, if the lawsuit is successful,”QMI Agency reported.
PIAC comment: Framework for the 700 MHz Band and Aspects Related to Commercial Mobile Spectrum
Executive Summary
PIAC submits that the auction process associated with the 700 MHz Band must address more than simply the goal of obtaining the highest price for the use of the spectrum. Policy makers must be cognizant of the current deficiencies associated with the mobile wireless market in Canada and the necessity to ensure that the spectrum is also used in a fashion that is optimal for meeting all the national telecommunications and broadcasting goals. This includes the use of set -asides to encourage new entrant competition, as well as to meet other public safety demands and spur innovative community based broadcasting initiatives. Finally, PIAC also urges that a fund be established to meet needs not addressed by commercial providers, through independent research and implementation of access-oriented policies.
PIAC comment 700 MHz spectrum auction
Download File: finalpiac_written_comments_notice_no_smse_018_10.pdf [size: 0.25 mb]
