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Telecom Notice of Consultation CRTC 2024-318

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Ottawa, 4 December 2024

Public record: 1011-NOC2024-0318

Notice of hearing

10 June 2025
Gatineau, Quebec

Making it easier for consumers to shop for Internet services

Deadline for submission of interventions: 20 February 2025

Deadline for submission of replies: 12 March 2025

[Submit an intervention or view related documents]

The Commission will hold a public hearing, beginning on 10 June 2025 at 9:00 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.

Attend the hearing or listen to it online.

Summary

The Commission is launching this notice of consultation and holding a public hearing to gather views on making shopping for home Internet services easier for Canadians.

Consumers need clear and easy-to-compare information when they are choosing which service is right for them and to help ensure that they receive the services that are offered to them. The Commission has put in place different ways to protect consumers, and this public proceeding is another step in helping Canadians make informed choices. The Commission will gather views on how to improve the information that consumers receive from Internet service providers (ISPs) about the various plans and services they offer.

To make sure any rules the Commission puts into place achieve these objectives, it is seeking comments on:

A complete list of questions can be found in the “Call for comments” section of this notice.

Additionally, important information on how you can participate in this proceeding can be found at the end of this notice.

This notice is available in American Sign Language (ASL) and Langue des signes québécoise (LSQ) on the Commission’s website and on the Commission’s YouTube channel. The Commission will accept video interventions, replies, and final submissions in ASL and LSQ. 

Introduction

Why we are launching this proceeding

  1. The Commission is launching this proceeding to determine:
    • what information consumers need when they make important decisions about purchasing home Internet;
    • whether standardized labels would make comparison shopping easier;
    • whether information about speeds during peak periods of the day or service reliability would be helpful to consumers; and
    • how to strengthen the position of consumers in their relationships with service providers to help promote clarity and transparency of the services that are offered to them.
  2. This proceeding also addresses the amendments to the Telecommunications Act (the Act) set out in An Act to amend the Telecommunications Act (transparent and accurate broadband services information) [formerly Bill C-288], which became law on 20 June 2024. It requires the Commission to hold public hearings on how ISPs should make certain information on fixed broadband services available to the public.
  3. The Commission is an independent quasi-judicial tribunal that regulates the Canadian communications sector in the public interest. The Commission holds public consultations on telecommunications and broadcasting matters and makes decisions based on the public record.
  4. By submitting comments to this proceeding, you are contributing to that public record, and your views will be considered by the Commission.
  5. The Commission’s decisions must advance the policy objectives set out in section 7 of the Act. This proceeding addresses three of those objectives. The Commission aims to:
    • facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions (paragraph 7(a));
    • render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada (paragraph 7(b)); and
    • respond to the economic and social requirements of users of telecommunications services (paragraph 7(h)).
  6. In making decisions, the Commission must also implement the 2023 Policy Direction.Footnote 1 It emphasizes that the Commission should consider how its decisions promote consumer interests,Footnote 2 including clarity and transparency of pricing information and service plan details in service providers’ marketing materials.Footnote 3
  7. Finally, this proceeding advances one of the Commission’s key priorities of promoting competition to deliver safe, reliable, and high-quality Internet services to Canadians at affordable prices.

What we are examining

  1. The Commission created consumer protections, in part through the Internet Code, to guide the relationship between ISPs and their customers.
  2. This proceeding will help build on those consumer protections by focusing on how the information that ISPs provide about home Internet plans could help consumers select the plan that best meet their needs and help promote clarity and transparency of the services that are offered to them.
  3. The Commission will examine the following six issues:
    • Standardizing information in a broadband consumer label
    • Providing clear and comparable information on network performance
    • Measuring network performance and quality
    • Providing information with examples and context
    • Strengthening the position of consumers in their relationships with service providers
    • Implementing consumer protection measures and identifying associated costs
  4. The Commission considers the questions in this notice to apply to all home Internet services provided through any transmission system.
  5. This proceeding has a phase for comments in writing or in American Sign Language (ASL) or Langue des signes québecoise (LSQ), which will be followed by a public hearing. Parties can comment on the general issues described above and answer any of the detailed questions below that are relevant to them.

Public opinion research

  1. The Commission contracted public opinion research about what information Canadian customers of home Internet and mobile wireless services need when selecting those services. The research also focused on whether a standardized format for presenting that information would be helpful.
  2. Views were collected from participants through a series of targeted focus groups and through a Canada-wide survey.
  3. In this proceeding, the Commission will consider only the aspects of the public opinion research that relate to home Internet.
  4. The final research report, entitled Public opinion research to enhance the transparency of information provided to broadband consumers: final report, is available on the Public opinion research section of the Library and Archives Canada website and on the public record of this proceeding.

Call for comments

Standardizing information in a broadband consumer label

  1. The Commission is considering whether it should require ISPs to display information in a standardized way for anyone who is shopping for a home Internet plan or who has already signed up for one. Standardized labels for home Internet plans could make comparison shopping easier for consumers. The Commission wants to ensure that the information consumers want is easily available, accessible, and simple to understand.
  2. For comparison, other countries have measures in place to ensure that information is displayed clearly and consistently across different ISPs. One pre-sale example is the United States’ Federal Communications Commission’s (FCC) Broadband Consumer Label, which takes the distinctive design of a nutrition label and repurposes it to provide a standardized summary of an ISP’s Internet plan.
  3. The Commission invites responses to the following questions:


    Q1. Should ISPs be required to provide information in a standardized form and manner?

    Q2. Is standardizing the information in a broadband consumer label a good idea?

    (i) Should the Commission consider other styles or formats?

    Q3. What kind of information should be found in a broadband consumer label?

    Q4. Should Canadians have access to broadband consumer labels in a pre-sale situation, post-sale situation, or both? If so, in what formats should these labels be offered (for example, as a standalone document, as part of an existing document, in a digital or physical format, etc.)?

    Q5. Any broadband consumer label the Commission adopts must be machine-readable. Are there any other accessibility-related considerations that the Commission should be aware of?

Providing clear and comparable information on network performance

  1. The Commission is considering whether it should require that ISPs provide information about network performance. Currently, ISPs are guided by their individual commercial practices as to what type of pre-sale information they provide to consumers. ISPs typically publish on their website information such as maximum download and upload speeds, price, and the Wi-Fi technology of the router being provided.
  2. The Commission notes that the Public Interest Advocacy Centre (PIAC) published a report in 2022. In this report, PIAC advocated to expand the information that ISPs provide, particularly the information on average maximum download and upload speeds, latency,Footnote 4 and jitter.Footnote 5 PIAC also called for an examination of the methodology that would be used to determine each of those metrics.
  3. At an international level, some countries require ISPs to provide information on speeds beyond the basic maximum and minimum download and upload speeds available to consumers and customers. Some examples can be found below:
    • The FCC in the United States requires broadband consumer labels to report typical network performance. Typical network performance is the median value of network performance measurements taken during peak usage periods, defined as being between 7 p.m. and 11 p.m. local time.
    • The European Union’s Regulation (EU) 2015/2120, sometimes referred to as the Telecommunications Single Market Regulation,requires ISPs to include clear information on Internet speeds in all end-user contracts, including the minimum, normally available, maximum, and advertised speeds.
    • The Australian Competition and Consumer Commission published comprehensive guidance for ISPs on how to advertise speeds and what information to provide consumers in a one-page key facts sheet before they purchase a service.
    • The United Kingdom (UK) set an updated advertising standard in 2018. It required that advertised speeds be based on the download speed available to at least 50% of customers at peak time (defined as 8 p.m. to 10 p.m.) and be referred to as “average” speeds. Previously, ISPs operating in the UK could advertise the maximum speed if it reached at least 10% of customers.
  4. Considering the requirements in An Act to amend the Telecommunications Act (transparent and accurate broadband services information), ISPs will have to provide service quality metrics and typical download and upload speeds during peak periods, at a minimum. Providing information such as service reliability could also be in the public interest and be helpful to consumers making choices about their ISP and home Internet plans.
  5. The Commission invites responses to the following questions:


    Q6. Which network performance and service quality metrics would be most useful to consumers?

    Q7. What challenges do ISPs face in providing network performance and service quality metrics?

    Q8. Should standardized information on network performance and service quality account for variations based on urban, rural, remote, and regional differences?

    Q9. If network performance and service quality are measured over a peak usage period, how should that period be defined?

    Q10. Are there approaches that have been taken in other countries that might be appropriate in Canada? If so, which country’s approach and which metric(s) do you think the Commission should pursue?

Measuring network performance and quality

  1. For consumers to be able to compare network performance in a meaningful way, the way that performance is measured needs to be consistent across different ISPs.
  2. Presently, consumers can perform their own network performance tests using publicly available software-based tools. These include Ookla’s Speedtest, the M-Lab Speed Test, and the Internet Performance Test found on the Canadian Internet Registration Authority’s website.
  3. The Commission has partnered with SamKnows through the Measuring Broadband Canada project to monitor network performance on a wider scale with a hardware-based solution. The FCC has also partnered with SamKnows to develop its own speed-testing application, which is available to the public.
  4. The Commission invites responses to the following questions:


    Q11. Should ISPs be required to use the same measurement methodologies to obtain these performance metrics? Why or why not?

    Q12. How can these measurements account for urban, rural, remote, and regional differences in performance?

    Q13. Should ISPs (i) use a software-based testing methodology, (ii) undertake hardware-based testing, or (iii) develop their own in-house application (similar to the FCC) and make that tool available to the general public?

  5. ISPs have technical and operational expertise about their networks and testing methodologies. The Commission therefore invites ISPs to answer the following questions:


    Q14. How are maximum download and upload speeds measured?

    Q15. What methodologies do you currently use to measure the network performance metrics listed below?

    • maximum speeds
    • average speeds
    • typical speeds
    • latency
    • jitter
    • any other metrics that consumers may find relevant

Providing information with examples and context

  1. ISPs sometimes provide practical information on Internet speeds. For example, some ISPs describe the speed of their offerings by indicating the number of devices or the different activities that a specific speed level would support.
  2. Other network performance metrics, such as latency or jitter, could be made easier to understand if they were accompanied by examples that provide context. Having that type of information would help consumers better understand the Internet services they are shopping for and would enable them to choose a home Internet plan that best suits their needs.
  3. The Commission invites responses to the following questions:


    Q16. What type of contextual information would be helpful to understand network performance metrics such as Internet speed, latency, and jitter?

    Q17. Are there other network performance metrics that could benefit from contextual information? If so, what are they?

    Q18. At what point should this information be provided? Should it be provided in pre- and/or post-sale materials?

    Q19. Where should this information be located? For example, should it be added on a standardized label, in a separate document, to the ISPs’ websites, etc.?

Strengthening the position of consumers in their relationships with service providers

  1. The Commission for Complaints for Telecom-television Services (CCTS) is an independent organization that handles telephone, cable, and Internet complaints between service providers and their customers. The CCTS is also the administrator of the Internet Code. The Internet Code presently applies to large facilities-based Internet service providers.Footnote 6
  2. The Commission handles complaints that fall outside of the CCTS’s mandate, including complaints involving ISP customers that appear to be systemic, to ensure that there are no gaps in its protections.
  3. For these reasons, the Commission is of the preliminary view that only ISPs subject to the Internet Code should have to abide by any new consumer protections implemented as a result of this proceeding. To ensure there are mechanisms in place for monitoring and enforcing compliance, the Commission is also of the view that it would continue to handle complaints related to any new consumer protections implemented as a result of this proceeding if they fall outside the CCTS’s mandate.
  4. The Commission invites responses to the following questions:


    Q20. Do you agree that ISPs that are subject to the Internet Code should similarly be subject to any new consumer protections implemented as a result of this proceeding?

    Q21. Should a different approach to addressing consumer protections complaints be considered that would be more responsive to the needs of consumers? If so, provide your rationale.

  5. The Commission can also play a role in strengthening the position of consumers in their relationships with service providers to help promote clarity and transparency by collecting and publishing more information on ISPs. In that vein, the Commission invites responses to the following questions:


    Q22. Should the Commission collect and publish data on its website from ISPs about instances where services are not meeting their obligations? If so, what data should be collected and published and at what level of detail?

    Q23. If repeated complaints about pre- and/or post-sale information are received, what additional measures could the Commission implement?

Implementing consumer protection measures and identifying associated costs

  1. The Commission acknowledges that implementing these new consumer protection measures will have associated costs. The Commission invites ISPs to answer the following questions:


    Q24. What costs (broken down by phases, such as implementation and ongoing compliance) would be associated with implementing each of the measures above?

    Q25. What additional internal processes would be required?

    Q26. What are the projected timelines associated with implementing these measures?

  2. The Commission recognizes that the information filed in response to questions 24 to 26 may be confidential. Instructions on how to file confidential information can be found in paragraph 53 of this notice.

What you need to know to participate in this proceeding

Procedure

  1. The Canadian Radio-television and Telecommunications Commission [CRTC] Rules of Practice and Procedure (the Rules of Procedure) apply to this proceeding. The Guidelines on the CRTC Rules of Practice and Procedure (Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010) are meant to help members of the public understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

Submitting an intervention

  1. The Commission invites comments that address the issues and questions set out above. The Commission will accept comments that it receives on or before 20 February 2025.Footnote 7
  2. Interested persons who require assistance submitting comments can contact the Commission’s Hearings & Public Proceedings group at hearing@crtc.gc.ca.
  3. Interested persons who file an intervention automatically become a party to this proceeding. Only parties to the proceeding can participate in further stages of the proceeding, including appearing at the public hearing.
  4. Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:
    • completing the Commission’s intervention form;
    • submitting an ASL or LSQ video using the intervention form;
    • sending a fax to the Commission at 819-994-0218; or
    • writing to the Commission by mail to CRTC, Ottawa, Ontario K1A 0N2.
  5. Submissions longer than five pages should include a summary. Submissions will be posted in the official language and format in which they are received.
  6. The deadline to submit an intervention to the Commission is 5 p.m. Vancouver time (8 p.m. Ottawa time). Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions will not be considered by the Commission and will not be made part of the public record.

Request to appear at the public hearing

  1. A public hearing is a meeting where people can share their opinions on the issues covered in this proceeding. The Commission will hold a public hearing starting on 10 June 2025 at 9:00 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.
  2. Parties that file their comments should indicate whether they would like to appear at the public hearing and state the reasons why they should appear. Parties do not have to appear at the public hearing. If parties wish to not appear, the Commission will assume that their comments submitted using the intervention form fully represent their views on the issues covered in this proceeding. The Commission will give their comments the same importance and consideration as comments from those who choose to participate at the public hearing.
  3. Parties can request to appear
    • from their home or office; or
    • at the public hearing’s main location in Gatineau.
  4. Parties interested in appearing remotely should indicate their preference when filing their comments.
  5. The Commission will consider all requests to appear at the hearing, but it will only contact those whose requests to appear have been granted.
  6. Interested persons who wish to request accommodations or need assistance to appear at the public hearing must indicate in their intervention that they require communications support, such as assistive listening devices and sign-language interpretation, to be able to appear so that the necessary arrangements can be made. Interested persons have until 20 February 2025 to make requests for accommodation.
  7. The Commission will issue an organization and conduct letter several days before the hearing. This letter will set out the agenda and provide more directions on the conduct of the public hearing.

Submitting replies

  1. Parties can file replies with the Commission by 12 March 2025. Their replies can address any matters on the record of the proceeding.

Final submissions

  1. Parties will be able to file final submissions with the Commission on any matter within the scope of this proceeding. The deadline for final submissions will be announced later.

Changes to the schedule

  1. The schedule can change. For example, the Commission may receive procedural requests that lead to changes to the deadlines. The Commission will announce any changes to the deadlines or dates by issuing an amendment to this notice. Amendments can be viewed by monitoring the Commission’s website or clicking on the reference number at the top of this document.
  2. Additional information may also be placed on the public record as it becomes available. We encourage interested persons to monitor the record of this proceeding at www.crtc.gc.ca for additional information.

Privacy notice

  1. Please note the following:
    • Documents will be posted on the Commission’s website exactly as received. This includes any personal information contained in them, such as full names, email addresses, postal/street addresses, and telephone and fax numbers.
    • All personal information parties provide as part of this public process, except information designated as confidential, will be posted on the Commission’s website and can be accessed by others.
    • However, the information parties provide can only be accessed from the web page of this particular public process. As a result, a general search of the Commission’s website using either its search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.
    • The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission or for a use consistent with that purpose.

Confidentiality

  1. The Commission’s proceedings are designed to allow members of the public to provide input so that it can make better, more-informed decisions. As a result, the general rule is that all information filed with the Commission is placed on the public record and can be reviewed by all parties and members of the public.
  2. However, the Commission also often needs detailed information from the companies it regulates and supervises to make an informed decision. This information can be commercially sensitive, especially as the environment in which the companies operate becomes more competitive. The Commission will therefore accept certain information as confidential.
  3. Parties can request that information be filed in confidence under subsection 39(1) of the Act with a detailed rationale as to why that information should be considered confidential. The Commission reminds parties that make such a request that when a document is filed with confidential information, an abridged version must also be filed so that it can be included in the public record.

Accessible formats for people with disabilities

  1. The Commission requires regulated entities and encourages all parties to file submissions in accessible formats (for example, text-based file formats that enable text to be enlarged or modified or read by screen readers) for this proceeding. To help in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.
  2. If submitted documents have not been filed in accessible formats, you can contact the Commission’s Hearings & Public Proceedings group at hearing@crtc.gc.ca to request that Commission staff obtain those documents in accessible formats from the party that originally submitted the documents in question.
  3. The Commission is accepting submissions in ASL or LSQ in video format. The Commission will publish the link(s) to the parties’ video(s) on its website. The permissions on the video(s) must be set to public. The Commission will not accept links that require anyone to request access to the video(s). The links on the Commission’s website will redirect users to parties’ videos as they are uploaded, and users will have access to any of the parties’ personal information displayed on the video-hosting platform. The videos will be fully translated into text, and a transcript will be available in English for ASL videos and French for LSQ videos.

Accessing documents and watching the hearing

  1. Links to interventions, as well as other documents referred to in this notice, are available on the Commission’s “Consultations and hearings: have your say” page.
  2. Documents are available upon request during normal business hours by contacting


    Documentation Centre
    Examinationroom@crtc.gc.ca
    Tel.: 819-997-4389
    Fax: 819-994-0218

    Client Services
    Toll-free telephone: 1-877-249-2782
    Toll-free TTY: 1-877-909-2782

  3. Interested persons can find electronic versions of the documents by clicking on “[Submit an intervention or view related documents]” at the top of this notice.
  4. Interested persons can also watch or listen to the audio and video feed of the public hearing on the Commission’s website. This feed will be available for the duration of the public hearing.

Secretary General

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