p2pnet news view Freedom | P2P:- A few days ago I told you about Bell Canada’s plan to throttle free and 3rd party GPS apps (like Google maps and Blackberry maps) that was apparently leaked on HowardsForums.com and confirmed on DSLreports.com.

This was followed by my still unanswered letter to Google asking for comments.

As Google stated it »»»

This proceeding offers the Commission an opportunity to start to draw a line against telecom measures that are not technologically and competitively neutral — protecting consumers, competition and innovation.

Now it’s been confirmed yet again, and this time in Bell’s own forum.

And – today is the day free and 3rd party GPS apps will be throttled.

‘You agree …….’

Like the Bell-Sympatico throttle,  a change in service which encouraged very significant numbers of users to cancel their internet contracts without early termination fees, this Bell mobile throttle is also a change in service and can be cancelled in the same manner.

As explained here in Bell’s Contract »»»

23. Changes to this Agreement and the Service.

You agree that this Agreement and any fees, charges or other obligations and any features, options, or other aspects of the Services, may be modified, discontinued or terminated by Bell except as otherwise specified in this Agreement.

We will notify you by providing at least 30 days advance notice of any change that affects you.

Nothing in this Agreement shall be construed as obligating you to accept receipt of the Services after any change is made to this Agreement, the Services or otherwise; however, your sole remedy in the event of such a change shall be termination of the Services including the payment of any SAPA or DSAPA that may apply, upon providing 30 days advance written notice.

Should you continue to receive the Services after such change is effective, you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change and, unless otherwise prohibited by law, you specifically waive any and all statutory requirements for notice and express acceptance of such changes except for those provided in this paragraph. You agree that you cannot change this Agreement and that no oral or written statement or representation of any sales agent, representative or employee of Bell made to you can change this Agreement.

Clause 23: Changes to the Service:

1. charges or other obligations and any features, options, or other aspects of the Services, may be modified, discontinued or terminated by Bell except as otherwise specified in this Agreement.

We will notify you by providing at least 30 days advance notice of any change that affects you.

But Nope. No notice. Again »»»

2. Nothing in this Agreement shall be construed as obligating you to accept receipt of the Services after any change is made to this Agreement, the Services or otherwise;

Correct, however »»»

3. … your sole remedy in the event of such a change shall be termination of the Services including the payment of any SAPA or DSAPA that may apply, upon providing 30 days advance written notice.

Then »»»

Definitions* per clause 3. Pricing and Adjustments:The SAPA is the greater of (a) $100 or (b) $20 per month remaining in the Committed Service Period on termination up to a maximum of $400, plus applicable taxes.orThe DSAPA is $99 plus applicable taxes. At Bell’s discretion the DSAPA may be reduced or apply for a shorter Committed Service Period, as advised to you.

And »»»

Per Clause 24. If you are a prepaid client, you may cancel your Services and this Agreement on 30 days advance notice. There is no SAPA or DSAPA. Any balance remaining in your account on termination is non-refundable.andYou must contact your financial institution to cancel any direct debit and credit card authorizations relating to your account.

*Additional information on mobile contracts, their meaning, and how they benefit only the likes of Bell Canada and other Telcos, can be found here.

Lawsuits?

So if you’re cancelling (and not prepaid), it appears you’re on the hook for these “SAPA or DSAPA” charges — regardless of what they decide to do to your service.

Isn’t the industry wonderful?.

And once again, Bell has imposed the latest ‘changes’ on its hapless customers with absolutely NO notice.

Will we see lawsuits springing from this?

Will people bring the fight to the office of the president of residential services again?

Like they did with the Bell Sympatico throttle?

Or will they quietly allow themselves to be nickled and dimed by changes in services that benefit only Bell Canada, and which totally disregard its own customers, the people who keep it fat and happy?

How’s that for “protecting consumers, competition and innovation,” as per Google

Maybe the president of residential service should be contacted. He’s at kevin.crull@bell.ca

(Psst, he also takes care of small businesses.)

Ottawa Gal - p2pnet
[Ottawa Gal is a long-time p2pnet reader and comment poster who’d rather would be anonymous. She says she works in the University, likes her cat, reality TV, and Doctor McDreamy. Her favourite web sites are the Michael Geist blog and p2pnet.net. ‘Privacy on the net is also important to me,’ she says. ‘I need a tinfoil hat ;)’ She’s also the mother of, ‘two darling little girls who tore down my ceiling fan thinking it would be fun to hang from it.’ So she advises parents to, ‘never have an armchair around from which little ones can reach fans’. (No one was hurt ) ]

Los Angeles Times - , September , 2008

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This entry was posted on Friday, September 26th, 2008 at 1:03 pm and is filed under Freedom, P2P. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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