CNOC challenging Telus appeal in speed cap case

The Canadian Network Operators Consortium has filed its arguments in Federal Court against Telus Corp.’s appeal of a CRTC decision that would temporarily suspend a speed cap affecting wholesale-based service providers. The CRTC initially meant to prohibit those smaller ISPs from offering speeds faster than 100 Mbps if they didn’t move to the new disaggregated wholesale internet service regime. The CRTC then lifted that speed cap in March. Telus successfully convinced the Federal Court of Appeal in June to look at the case on the basis that the CRTC deviated from a standard three-part test it has historically used in past decisions to determine whether to provide relief: that the issue was a pressing matter, it would cause significant harm if not granted, and it was a matter of public importance. CNOC did not prove the disaggregated regime -- which it said would be financially untenable -- would cause “irreparable harm,” but the commission granted its request anyway, which prompted Telus’ appeal. However, in arguments filed at the end of last month, CNOC claims that the CRTC is not bound by a particular test under the Telecommunications Act and therefore BCE Inc. and Telus, who’ve filed the original opposition to the decision, could not have had a “legitimate expectation” that such a test would be used. Further, CNOC, which borrows from arguments of TekSavvy Solutions Inc., said Bell and Telus aren’t even parties affected by the decision -- arguing Bell doesn’t offer wholesale services over 100 Mbps wholesale and the decision would affect large incumbent carriers in Ontario and Quebec first while Telus is a Western Canada-based carrier -- and that the CRTC cannot be hamstrung by a rigid test when it must also regulate in the public interest. CNOC, which is asking for Telus’ appeal to be dismissed, first filed its appeal for relief in November of last year, arguing that the disaggregated regime was so unworkable that it presented an “existential crisis” for smaller ISPs. The regulator so far has imposed interim, but not final, rates for that new regime.

CNOC challenging Telus appeal in speed cap case

Brief | October 8, 2019

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CNOC challenging Telus appeal in speed cap case

Brief | October 8, 2019

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