ARCHIVED - Letter
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Ottawa, 22 January 2010
Our Reference: 8646-C12-200815400
BY E-MAIL
Mr. Christopher Hickey
Regulatory Affairs
Primus Telecommunications Canada Inc.
5343 Dundas St West, Suite 400
Toronto, Ontario M9B 6K5
Dear Mr. Hickey
Re: Follow up to Telecom Regulatory Policy 2009-657
In Telecom Regulatory Policy 2009-657, Review of the Internet traffic management practices of Internet service providers, 21 October 2009 (TRP 2009-657), the Commission set out a number of disclosure requirements applicable to the technical Internet traffic management practices (ITMPs) of Internet service providers (ISPs). One requirement is that ISPs must disclose to their retail customers information regarding any technical Internet traffic management practices (ITMPs) that they apply to their retail Internet services. Specifically, ISPs are required to disclose prominently on their websites, the reasons for the ITMP, when the ITMP is applied, what Internet traffic is affected by the ITMP and the specific impact that the ITMP has on retail Internet speeds.
ISPs are also required to refer to their online disclosures in their marketing material, customer contracts and terms of service.
Where a primary ISP applies a technical ITMP to its wholesale services, secondary ISPs using those services are required to provide the above information with respect to the ITMP to their retail customers.
Commission staff has reviewed the information provided on the Primus Canada web site at http://www.primustel.ca/en/residential/internet/internetServices-Qualifier.htm. Based on its review, staff considers that Primus Canada is not in compliance with TRP 2009-657 for the following reasons:
1. The links to the description of Primus’ ITMP (“Performance Management”) are not sufficiently prominent on the Web pages that describe Primus’Internet services.
2. The description of Primus’ Performance Management does not clearly indicate, for each service package, the peak hours during which Performance Management is applied if congestion occurs.
3. No description or link to a description is provided to any ITMPs that are applied to Primus’ off-net Internet services (i.e., Internet services offered over Primus’ wholesale network segments) by primary ISPs.
In order to address these concerns, Primus Canada is to:
1. Include direct links to Primus’ ITMP disclosure on each Web page where Internet services are listed and/or described. The link, or the wording around the link, should clearly indicate that it leads to information related to Primus’ ITMP disclosure (e.g. “For information on Primus’ Internet traffic management practices, click here”).
2. Modify Primus’ ITMP disclosure to indicate the peak hours during which Performance Management applies if congestion occurs.
3. Modify Primus’ ITMP disclosure to provide a description, and/or a link that leads to a description, of the ITMP(s) applied to Primus’ off-net Internet services by primary ISPs.
Primus Canada is to address these issues within thirty (30) days of its receipt of this letter. Should there be any questions regarding this request, please call Patrick Owens at (819)953-7159.
Yours sincerely,
Original signed by
Paul Godin
Director General
Competition, Costing and Tariffs
Telecommunications- Date modified: