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Ottawa, 26 November 2013

File number: 8665-C12-201212448

BY EMAIL

To: Distribution List (attached)

Re: Wireless Code Implementation – Compliance Reports

In The Wireless Code[1] , the Canadian Radio-television and Telecommunications Commission (the Commission) established the Wireless Code, a new mandatory code of conduct for providers of retail mobile wireless voice and data services (wireless services). The Wireless Code applies to all wireless services provided to individual and small business consumers in all provinces and territories regardless of the status and business models of the Wireless Service Provider (WSP).

All aspects of the Wireless Code will take effect on 2 December 2013. Where an obligation relates to a specific contractual relationship between a WSP and a customer, the Wireless Code should apply if the contract is entered into, amended, renewed, or extended on or after 2 December 2013.

As set out in paragraphs 394-395 of that Policy, “The Commission directs Canadian carriers that provide retail mobile wireless voice and data services to individuals or small business consumers to adhere to the rules set out in the attached Wireless Code, as a condition of providing these services pursuant to section 24 of the Act no later than 2 December 2013. The Commission also directs Canadian carriers, as a condition of providing telecommunications services that WSP resellers use to provide retail mobile wireless services, to include in their service contracts or other arrangements with these service providers the requirement that the purchaser of the service, and any or all of their wholesale customers and subordinate wholesale customers, abide by the condition in the previous paragraph.”

Questions to answer in compliance reports due 15 January 2014

As set out in paragraph 377 of The Wireless Code, “to ensure that WSPs are implementing the Code on time and adhering to the requirements set out in the Code, the Commission directs all WSPs to file a report detailing their compliance with the Wireless Code, no later than 15 January 2014. This report must address all questions that will be set out by the Commission on this matter.”

This letter sets out questions that wireless service providers (WSPs) must answer when submitting their Wireless Code Compliance Reports.

As set out in Broadcasting and Telecom Information Bulletin 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, WSPs may designate certain information as confidential. WSPs must provide an abridged version of the document involved, accompanied by a detailed rationale to explain why the disclosure of the information is not in the public interest.

All submissions are to be made in accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277.[2]

Yours sincerely,

ORIGINAL SIGNED BY /

Nanao Kachi
Director, Social and Consumer Policy, CRTC

Att.Distribution List :[3]

bell.regulatory@bell.ca; pdowns@nexicomgroup.net; stephen.scofich@tbaytel.com; grubb@hurontel.on.ca; a.schneider@hay.net; don.falle@inukshuk.ca; norma.sherwood@bellaliant.ca; rwi_gr@rci.rogers.com; iworkstation@mtsallstream.com; gary.wong@mobilicity.ca; regulatory@airtelwireless.ca; Regulatory@sjrb.ca; marcille@atmacinta.com; jonathan.scott@execulink.com; regaffairs@quebecor.com; kgugan@wightman.ca; barry.stone@quadro.net; sophie.houde@sogetel.com; regulatory.matters@corp.eastlink.ca; regulatoryaffairs@nwtel.ca; lisajackson@globalive.com; regulatory@ssimicro.com; stephen.drew@globalstar.com; Jamie.greenberg@publicmobile.ca; regulatory.affairs@telus.com; mkoch@goodmans.ca; jim@brooketel.ca; SBISHAY@IRISTEL.COM; jsalina@dryden.ca; regulatory.aff@fidomobile.ca; mjboivin@telebec.com; Heather.bishop@cwct.ca; mjboivin@telebec.com; rbanks@mornington.ca; mjboivin@telebec.com; document.control@sasktel.com;

Questions

1. Confirm your compliance with the Wireless Code

Fill out the following chart in full to confirm your compliance with each requirement set out in the Wireless Code.

 

Requirement

(refer to hyperlinks below)

Have you complied with this requirement as of 2 Dec 2013?

(Answer Yes or No)

 

Briefly explain how you meet this requirement. If you have not met the requirement, explain why.[4]

A. Clarity

1. Plain language

i.

 

 

ii.

 

 

2. Prices

i.

 

 

3. Unlimited services

i.

 

 

ii.

 

 

B. Contracts and related documents

1. Postpaid service contracts

i.

 

 

ii.

 

 

iii.

 

 

iv.

 

 

2. Prepaid service contracts

i.

 

 

ii.

 

 

iii.

 

 

iv.

 

 

v.

 

 

C. Critical Information Summary

1. Critical Information Summary

i.

 

 

ii.

 

 

iii.

 

 

D. Changes to contracts and related documents

1. Changes to key contract terms and conditions

i.

 

 

ii.

 

 

iii.

 

 

2. Changes to other contract terms and conditions or related documents

i.

 

 

ii.

 

 

E. Bill Management

I. International roaming notification

i.

 

 

ii.

 

 

2. Cap on data roaming charges

i.

 

 

ii.

 

 

3. Cap on data overage charges

i.

 

 

ii.

 

 

4. Unsolicited wireless services

i.

 

 

5. Mobile premium services

i.

 

 

F. Mobile Device Issues

I. Unlocking

i.

 

 

2. Warranties

i.

 

 

3. Lost or stolen devices

i.

 

 

ii.

 

 

4. Repairs

i.

 

 

G. Contract Cancellation and Extension

1. Early cancellation fees - general

i.

 

 

ii.

 

 

2. Early cancellation fees – subsidized device

i.

 

 

ii.

 

 

3. Early cancellation fees – no subsidized device

i.

 

 

4. Trial period

i.

 

 

ii.

 

 

iii.

 

 

iv.

 

 

v.

 

 

5. Cancellation date

i.

 

 

ii.

 

 

6. Contract extension

i.

 

 

ii.

 

 

iii.

 

 

H. Security Deposits

1. Requesting, reviewing, and returning a security deposit

i.

 

 

ii.

 

 

iii.

 

 

I. Disconnection

1. When disconnection may occur

i.

 

 

ii.

 

 

iii.

 

 

2. Notice before disconnection

i.

 

 

ii.

 

 

iii.

 

 

3. Disputing disconnection charges

i.

 

 

J. Expiration of Prepaid Cards

1. General

i.

 

 

2. Your contracts with resellers

Do you provide telecommunications services that WSP resellers use to provide retail mobile wireless services? If so, fill out the following chart to confirm that you have amended your contracts with resellers to ensure they comply with the Wireless Code.

Name of Reseller

Provide the date that you amended your service contracts (or other arrangements) with this reseller to require that the purchaser of the service and their wholesale customers and subordinate wholesale customers adhere to the rules set out in the Wireless Code.

 

 

 

 

3. Contracts and related documents for postpaid services

If you provide postpaid wireless services, provide a copy of the documents you provide to customers entering into new postpaid contracts. This should include the following:
• A copy of an example contract;
• A critical information summary for that contract; and
• Other related documents that apply to the contract, including fair use policies and privacy policies.

3. Contracts and related documents for prepaid services

If you provide prepaid wireless services, provide a copy of the documents you provide to customers entering into new prepaid contracts. This should include the following:
• A copy of an example contract; and
• Other related documents that apply to the contract, including fair use policies and privacy policies.

4. Notifications

Provide the text and delivery method(s) you use for the following customer notifications:
• Notification of a change to the key terms of a contract, including how consent is secured[5]
• Notification of changes to other contract terms[6]
• Notification that the customer is roaming[7]
• Notification that their privacy policy will change[8]

5. Data Caps
As set out in the Wireless Code “A service provider must suspend national and international data roaming charges once they reach $100 within a single monthly billing cycle, unless the customer expressly consents to pay additional charges” and “A service provider must suspend data overage charges once they reach $50 within a single monthly billing cycle, unless the customer expressly consents to pay additional charges.”
Describe how you secure express consent from the customer to pay for additional charges related to data use.

6. Promotion

In paragraph 385 of the Wireless Code regulatory policy, the Commission directed all WSPs to:
“a) ensure that their customer service representatives are (i) knowledgeable of the Wireless Code; (ii) able to effectively describe the Code’s provisions; and (iii) able to explain recourse options for customers;
b) provide prominent links to the consumer checklist on their websites – on their home page and on all pages on which their wireless service plans and offerings are described;
c) add a notification regarding the consumer checklist to their billing statements on two separate occasions: one in the month that the Wireless Code takes effect, and one three months later; and
d) include information on their promotion of the Code in their compliance reports filed with the Commission.”
a) Describe the training you provide to customer service representatives to ensure they are knowledgeable of the Code.

b) Provide the links to the consumer checklist on your website.

c) Explain the other actions you have taken to promote the Wireless Code.

[1] Telecom Regulatory Policy CRTC 2013-271, 3 June 2013, CRTC File number 8665-C12-201212448
[2] http://laws-lois.justice.gc.ca/eng/regulations/SOR-2010-277/index.html
[3] Bell Mobility Inc.; Nexicom Mobility Inc.; TBayTel; Huron Telecommunications Co-Operative Limited; Hay Communications Co-operative Limited; Inukshuk Wireless Partnership / Société Inukshuk Sans Fil; Bell Aliant Regional Communications, Limited Partnership Bell Aliant Communications régionales, société en commandite; Rogers Communications Partnership; MTS Inc.; Data & Audio Visual Enterprises Wireless Inc.(MOBILICITY Wireless ); Airtel Wireless LTD; Shaw Telecom Inc.; Lynx Mobility Inc.; TerreStar Solutions Inc.; Execulink Telecom Inc.; Vidéotron s.e.n.c. Videotron G.P.; Wightman Telecom Ltd.; Quadro Communications Co-operative Inc.; Sogetel Mobilité inc.; Bragg Communications Incorporated (EastLink Cable Systems OR Eastlink ); Northwestel Inc. Norouestel Inc.; Globalive Wireless Management Corp (Wind Mobile ); SSI Micro Ltd.; Globalstar Canada Satellite Co.; Public Mobile Inc.; TELUS Communications Company Société TELUS Communications; Gogo Connectivity Ltd.; Brooke Telecom Co-operative Ltd.; Ice Wireless Inc.; Dryden Mobility; Fido Solutions Inc.; Télébec, Société en commandite Télébec, Limited Partnership; CityWest Mobility Corp.; KMTS; Mornington Communications Co-operative Limited; NorthernTel, Limited Partnership; Saskatchewan Telecommunications (SaskTel)
[4] Note: As per the Wireless Code Policy, all WSPs must meet the Code’s requirements for customers that will be covered by the Code, as of 2 December 2013 (see paragraphs 360-369 of the policy).
[5] See paragraph 93 of the Wireless Code.
[6] See paragraph 94 of the Wireless Code.
[7] See paragraph 140 of the Wireless Code.
[8] See paragraph 310 of the Wireless Code.


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