Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Sunday, August 19, 2012

CRTC should regulate wireless service terms and conditions to create certainty for industry, consumers

The Canadian Radio-television Telecommunications Commission is considering calls by industry and consumer advocacy groups to regulate Canada’s wireless telecommunications sector because an absence of federal regulation has led to different rules around wireless services in different provinces.

NDP consumer affairs critic Glenn Thibeault is in favour of the CRTC resuming its regulatory authority over wireless service terms and conditions. He said that a national code of conduct would create certainty for the industry and consumers.

“For the telecom companies right across the country it’s made life difficult because they’re having to jump through different hoops in Manitoba, Ontario and Quebec,” Mr. Thibeault said. “There’s a lack of oversight. If the CRTC steps into this, we’ll actually see the oversight we need on a national scale when it comes to telecom companies.”

Telus Communications, Rogers Communications and the Public Interest Advocacy Centre requested that the CRTC establish a national wireless services consumer protection code in the spring.

The CRTC has the authority to regulate wireless services under section 24 of the Telecommunications Act, but the commission has refrained from exercising its regulatory power over the industry since 1994, instead allowing the industry’s growth to be guided by the market.

Ontario, Quebec and Manitoba have introduced provincial legislation regulating wireless services in recent years

In its March 8 application to the commission, Rogers stated that the emergence of provincial telecommunications law has created a “patchwork quilt” of legislation governing the $17-billion national industry.

“The proliferation of provincial legislation is a clear indication that there is a demand on the part of Canadian wireless consumers for a comprehensive legally enforced code of consumer protection,” Rogers senior vice-president Ken Engelhart stated in his company’s application.

Mr. Engelhart noted that current provincial laws around the terms and conditions of service differ in the specifics around billing and cancellation. Rogers has requested that the CRTC establish a steering committee to develop a “single regulatory regime” that would replace the existing provincial laws.

Rogers’ application proposes a draft federal wireless consumer protection code that would regulate contracts, carrier charges, product repairs, billing, and advertising.

The Public Interest Advocacy Centre has also applied for the CRTC to resume its oversight of the wireless industry, but its application raised the concern that Rogers’ proposed steering committee would exclude consumer interests from being adequately represented in the consultation process.

The CRTC has heard from more than 900 intervenors since PIAC and telecom companies raised the issue in the spring. The commission is now weighing its options, which include proceeding with public consultations, drafting a national wireless consumer protection code, and consulting with the provinces to clarify jurisdiction. The commission is expected to proceed with a course of action this fall.

The Canadian Wireless Telecommunications Association (CWTA) has endorsed the initiative. CWTA represents more than 150 members including service providers such as Rogers, Bell, Telus and Wind Mobile, as well as IT consultants and wireless hardware manufacturers.

Marc Choma, who serves as CWTA’s director of communications, said that a federal code of conduct would create coherence for service providers and ensure that consumers receive the same level of protection across the country.

“It’s certainly something the industry would like to see accomplished sooner than later,” Mr. Choma told The Hill Times. “Because wireless carriers are national telecommunications providers, all of their systems for pricing and contracts are done at the national level. When you have to make modifications to those, there are going to be costs involved.”

Mr. Choma said that he expects any CRTC code of conduct to reflect the CWTA’s existing voluntary code of conduct for its membership, which addresses rate changes, service cancellation, advertising, and the protection of consumer information.

“A national code of conduct developed by the CRTC would probably cover many of the elements in the existing code of conduct. The CRTC would be able to have enforceable regulations that all carriers would have to adhere to,” he said.

Original Article
Source: hill times
Author: CHRIS PLECASH

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