p2pnet - rss feed: 3rd protester joins Bell ‘anti-throttling’ club
p2pnet news | Freedom:- Primus Telecommunications Canada is the third entity to file a letter of support for CAIP (Canadian Association of Internet Providers), which acts for almost 60 smaller providers.
CAIP was the first, followed by Vaxination Informatique.
At issue is Bell’s so-called Net management technology, aka traffic shaping and bandwidth throttling, which amounts to unsanactioned industry ‘regulation’.
The company puts the blame squarely on the shoulders of some 5% of its client base.
They’re “heavy P2P users,” says Mirko Bibic, Bell Canada’s chief of regulatory affairs, claiming they’re spoiling things for everyone else.
In a Q&A, the Montreal Gazette’s Roberto Rocha asked Bibic, “Now that Bell is offering a limited service at times, does this present a challenge in justifying rate increases?”
“I’ll stick to the reasons we’re implementing network management initiatives, and they’re very compelling reasons: so that the 95 per cent of users who don’t consume inordinate amount of bandwidth aren’t held hostage,” said Bibic.
The interview continued >>>
Rocha: This whole issue of throttling was brought to light when some customers who have the tools to measure their bandwidth noticed changes in their speeds. That’s when the third-party ISPs brought it up. Why didn’t Bell advise the ISPs of these changes?
Bibic: The answer to that is in the letter from our senior vice-present of carrier services to his customers. I know that letter has been floating around in the blog universe.
Rocha: But that letter didn’t explain anything. It just apologized for not warning ahead of time.
Bibic: Well, there’s the answer.
Rocha: But that’s not an answer. It doesn’t explain why they weren’t notified. The tariffs we have in place under which these customers buy services do say Bell is entitled to take reasonable network management initiatives to improve performance of the Internet. We’re always open to having a dialogue with our wholesale partners, and we’re having those.
“The CRTC has to date largely avoided the net neutrality issue, however, that is about to change, blogged Ottawa law professor Michael Geist on the filing, continuing:
“The application… is the most significant legal development in the Canadian net neutrality debate yet since it places the issue squarely before the Commission.
“The filing provides additional insights into Bell’s action - the throttling has reduced speeds by as much as 90 percent - and marks an important milestone since the outcome will provide a clear answer on whether Canadian law currently protects net neutrality or if legislative reform is needed.”
‘Deliberate degradation of service’
Bell is the largest Canadian ISP, with Rogers in second place. It, too, “manages” traffic
Industry minister Jim Prentice has in effect washed his hands of the matter, telling Canadians it’s up to them to deal with it themselves.
NDP digital culture spokesman Charlie Angus today challenged Prentice in an open letter, quoting the Telecommunications Review Panel which said 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 issue has been portrayed in the media as a case of a few bandwidth ‘hogs’ unfairly disturbing the overall traffic flow, said Angus, going on >>>
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.
Meanwhile, Toronto-based “Primus submits that the Commission should grant CAIP’s request for an interim order directing Bell Canada to stop ‘throttling its GAS [Gateway Access Service] service,” it says in its filing, stating, “The order should remain in effect until the Commission issues a decision with regard to the remainder of CAIP’s application,” and going on >>>
At the outset, however, Primus rejects any assertion by Bell Canada that traffic volumes associated with its wholesale GAS customers have necessitated this measure.
Based on the capacity of the connections between Primus’ network and the GAS network at the Aggregated High Speed Service Provider Interface (AHSSPI)1, and based on certain assumptions about the capacity of other ISPs’ connections, Primus does not believe that such traffic management measures are required.
Bell Canada’s actions have dramatically changed GAS service levels and subsequently the levels of service Primus is able to offer its retail customers. For this reason, and the set out in the balance of this intervention, Primus submits that the Commission should grant CAIP’s request for interim relief.
Stay tuned.
heavy P2P users - Bell Canada tries to justify throttling, April 11, 2008
Montreal Gazette - Internet throttling defended, April 11, 2008
Michael Geist - CRTC To Face Net Neutrality Issue as CAIP Demands Bell Cease and Desist Its Throttling Practices, April 04, 2008
challenged Prentice - Charlie Angus to Jim Prentice on throttling, April 17, 2008
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