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Charlie Angus to Jim Prentice on throttling

p2pnet news | Politics:- Make sure consumers aren’t gouged and innovation isn’t stifled by laying lay down transparent ground rules on bandwidth throttling.

So says NDP digital culture spokesman Charlie Angus in an open letter to industry minister Jim Prentice.

In it, Angus emphasises the CRTC has already regulated third party competition online and, he says, Prentice should accept recommendations from the Telecommunications Review Panel which laid out a, “practical guide for CRTC involvement on maintaining fair and open access of the internet”.

Open access, “is of such overriding importance that its protection justifies giving the regulator the power to review cases involving blocking access to applications and content and significant, deliberate degradation of service,” the panel declared.

Here’s Angus’ letter >>>

Dear Minister Prentice,

I am writing you today on the issue of net neutrality, which is quickly emerging as a matter of great mainstream interest. The recent actions of Bell in its fight with third party ISP providers has brought into clear focus the need for the government to develop a coherent and transparent policy for public internet access. Ground rules are needed to ensure that the bandwidth management strategies of the major telecoms will not lead to anti-competitive practices or arbitrary discrimination against end use applications.

The issue has been portrayed in the media as a case of a few bandwidth “hogs” unfairly disturbing the overall traffic flow. However, given the pace with which change takes place in internet use, traditional peer-2-peer traffic has become just one internet application competing for space in a quickly growing field of high-density bandwidth usage.

Bit torrent applications are now being used for the distribution of university course material and television shows; VOIP is emerging as a challenge to the traditional phone providers; VPN encrypted traffic for businesses is on the rise; and the major television content providers are promoting video-on-demand (VOD) services that will be in direct competition with internet content providers who do not control the pipes of the internet. Given the ever-increasing bandwidth requirements of these programs, any unilateral attempts by the telecoms to prioritize or, in some cases to throttle such traffic, could have major implications for consumers and businesses.

Recently in the House of Commons, you responded to a question from me by claiming that since the internet is not “regulated”, your government will maintain a hands-off policy on the issue of bandwidth shaping. I believe that your assessment of the current state of internet regulation is mistaken in three clear areas:

1) The CRTC has already established a precedent for regulation of the internet in regards to ensuring competition. CRTC regulations have mandated that the major ISP providers provide Gateway Access Service (GAS) to smaller third party competitors. This directive is now under direct attack by Bell’s recent court action. Conversely, the issue of anti-competitive practices is at heart of the Canadian Association of Internet Providers (CAIP) challenge to the CRTC.

The reality is that the major ISP players are also telephone and cable/content providers. It is essential to ensure that the telecoms carry out their bandwidth management in a transparent and accountable manner; otherwise they could unfairly target competition from smaller ISP providers or from competing internet applications and content.

2) The practice of bandwidth throttling is evidence that the internet is being regulated – albeit in an ad hoc manner by the major telecoms. Some telecoms have even moved to block politically-disagreeable websites. Canada is not alone in dealing with these issues, as international telecoms muse publicly about relegating some websites to the slow lane if content taxes aren’t being paid. The question is not whether there will be regulation of the internet, but whether or not there will be scrutiny of the practices of the telecoms.

In order to ensure consumer confidence, it is incumbent upon the CRTC to examine the issue of traffic management to ensure that such interventions are not used as a convenient cover to price-gouge consumers or to degrade the quality of their competitors’ services.

3) By refusing to address the impacts of bandwidth throttling you are ignoring the recommendations laid down in the Telecommunications Review Panel that laid down a very reasonable standard for ensuring open access. These recommendations provide a clear guide that are circumspect in their scope and are focused on ensuring that the innovation agenda of Canada is not impeded by telecom financially-motivated interventions.

“The Telecommunications Act should be amended to confirm the right of Canadian consumers to access publicly available Internet applications and content of their choice by means of all public telecommunications networks providing access to the Internet.

This amendment should:

(a) Authorize the CRTC to administer and enforce these consumer access rights,

(b) Take into account any reasonable technical constraints and efficiency considerations related to providing such access, and

(c) Be subject to legal constraints on such access, such as those established in criminal, copyright and broadcasting laws.”

The Panel described this protection as necessary because, “open access is of such overriding importance that its protection justifies giving the regulator the power to review cases involving blocking access to applications and content and significant, deliberate degradation of service.”

The New Democratic Party believes the issue of net neutrality must be examined through a lens of ensuring both continued innovation and fairness for everyday Canadians. The internet is a public commons as well as a driving force for economic innovation. As Vint Cerf, a leading net neutrality proponent at Google stated: “The internet’s open, neutral architecture has provided an enormous engine for market innovation, economic growth, social discourse and the free flow of ideas.”

I am urging you to adopt the recommendations of the Telecommunications Review Panel in order to send a clear signal that Canada has a plan going forward to ensure continued development of internet technologies and fairness for consumers.

I look forward to hearing from you at your earliest convenience on what steps you will take to implement these important recommendations.

Sincerely,
Charlie Angus
Digital Spokesman for the NDP

Bell Canada, “wants permission from regulators to penalize heavy bandwidth users with steep charges in a bid to curtail peer-to-peer file-sharing in peak hours,” p2pnet posted earlier today, going on to quote the Hollywood Reporter as saying:

“Bell Canada on Wednesday told the Canadian Radio-television and Telecommunications Commission that the serial file-sharers it seeks to “throttle” greatly slow the time it takes online subscribers to legitimately transfer music, video, software and other large files.

“The phone giant responded to an earlier request to the CRTC from the Canadian Association of Internet Providers to end Bell Canada’s use of ‘traffic-shaping’ technology to thwart bandwith hogs.”

Definitely stay tuned.

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p2pnet - Ottawa won’t help in Bell throttling row, April 17, 2008
Hollywood Reporter - Bell Canada seeks to curb heavy bandwidth use, April 16, 2008


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2 Responses to “Charlie Angus to Jim Prentice on throttling”

  1. Reader's Write Says:

    GO Charlie GO!
    :p

  2. optional Says:

    I think Angus’ letter is one of the best, most well laid-out writings about the subject I’ve read to date.

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