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Ottawa, 22 January 2010
Our Reference: 8646-C12-200815400
BY E-MAIL
Mr. David Lewis
Vice President, Regulatory Matters
Barrett Xplore Inc.
100 Corporation Drive
Brampton, Ontario L6S 6B5
Dear Mr. Lewis:
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.
Commission staff has reviewed the information provided on the Xplornet web site at http://www.xplornet.com/packages-home.aspx. Based on its review, staff considers that Barrett is not in compliance with TRP 2009-657 for the following reasons:
1. The links to the description of Xplornet’s ITMP are not sufficiently prominent on the Web pages that describe Xplornet’s Internet services.
2. The description of Xplornet’s ITMP does not clearly indicate, for each service package, the usage thresholds at which the ITMP begins to apply or the percentage reduction in download and upload speeds that occur when the ITMP is applied.
3. The description of Xplornet’s ITMP does not specify when peer-to-peer traffic is de-prioritized (i.e., the “peak period”).
In order to address these concerns, Barrett is to:
1. Include direct links to Xplornet’s 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 Xplornet’s ITMP disclosure (e.g. “For information on Xplornet’s Internet traffic management practices, click here”).
2. Modify Xplornet’s ITMP disclosure to indicate all of the ITMP usage thresholds that apply to each service package. The description should indicate, for each threshold, the time period over which the threshold applies (e.g. one hour, 24 hours, etc.).
3. Modify Xplornet’s ITMP disclosure to indicate, for each service package, the percentage reduction in download and upload speeds that occur when the ITMP is applied.
4. Modify Xplornet’s ITMP disclosure to indicate when peer-to-peer traffic is de-prioritized (i.e., when the daily “peak period” begins and ends).
Barrett 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
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