ARCHIVED - Letter

Ottawa, 4 April 2014

Our file: 8622-B92-201316646

BY E-MAIL

Mr. Jonathan Daniels
Vice-President, Regulatory Law
Bell Canada
160 Elgin Street
19th Floor
Ottawa, Ontario K2P 2C4

Mr. Dennis Béland
Senior Director, Regulatory Affairs, Telecommunications
Mr. Yanick Boily
Director, Regulatory Affairs, Telecommunications
Québecor Média Inc.
612 Saint-Jacques Street
15th Floor, South Tower
Montreal, Quebec H3C 4M8

Ms. Pam Dinsmore
Vice-President, Regulatory
Mr. Peter Kovacs
Director, Regulatory, Content Distribution
Rogers Communications Partnership
333 Bloor Street East
9th Floor
Toronto, Ontario M4W 1G9

Re: Application by Benjamin Klass requesting the fair treatment of Internet services by Bell Mobility (Klass application) and applications by CAC-COSCO-PIAC regarding Rogers’ Anyplace TV service and Videotron’s Illico.tv Service

Dear Madam, Sirs,

Pursuant to the procedures set out in its 31 January 2014 letter, attached are the Commission interrogatories associated with this proceeding.

Responses to these interrogatories are to be filed with the Commission, and served on all parties to this proceeding, by 25 April 2014. Responses are to be received, and not merely sent, by this date.

Yours sincerely,

Original signed by

Mario Bertrand
Director, Dispute Resolution
Telecommunications

c.c.: Nora Froese, CRTC, nora.froese@crtc.gc.ca
Julie Boisvert, CRTC, julie.boisvert@crtc.gc.ca

Distribution list:

Benjamin Klass (benjiklass@hotmail.com)
Vaxination Informatique (jfmezei@vaxination.ca)
Consumers’ Association of Canada, the Council of Senior Citizens’ Organization of British Columbia, and the Public Advocacy Centre (gwhite@piac.ca and jfleger@piac.ca)
Bell (bell.regulatory@bell.ca)
Bell Aliant (regulatory@bell.aliant.ca)
Rogers (rci.regulatory@rci.rogers.com)
TELUS (regulatory.affairs@telus.com)
SaskTel (document.control@sasktel.com)
MTS Allstream (iworkstation@mtsallstream.com)
Eastlink (regulatory.matters@corp.eastlink.ca)
Tbaytel (rob.olenick@tbaytel.com)
Independent Telephone Providers Association (jonathan.holmes@itpa.ca)
Videotron (dennis.beland@quebecor.com and yanick.boily@quebecor.com)
(regaffairs@quebecor.com)
Globalive Wireless Management Corp. (eantecol@windmobile.ca)
Public Mobile Inc. (Jamie.greenberg@publicmobile.ca)
Data & Audio Visual Enterprises Wireless Inc. (gary.wong@mobilicity.ca)
Canadian Network Operators Consortium (regulatory@cnoc.ca)
Canadian Cable Systems Alliance (cedwards@ccsa.cable.ca)
Cogeco Cable (telecom.regulatory@cogeco.com)
Shaw Cable (Regulatory@sjrb.ca)
Fenwick McKelvey, Concordia University (fenwick.mckelvey@concordia.ca)
Steven James May, Ryerson University (steven.may@ryerson.ca)
Samuelson‐Glushko Canadian Internet Policy & Public Interest Clinic (tisrael@cippic.ca and cippic@uottawa.ca)
David Ellis (david@davidellis.ca)
Teresa Murphy (resa1983@hotmail.com)

Appendix 1

Interrogatories to Bell Mobility

1- Explain if and how the content available (e.g. channels, VOD, other) on the Bell Mobile TV app is different for (i) a customer who only subscribes to Bell TV, (ii) a customer who only subscribes to Bell Mobility, and (iii) a customer who only subscribes to Virgin Mobile.
2- Describe the specific costs (e.g. content rights and/or data usage) that are being recovered by (i) the $5 fee being charged for the first 10 hours of usage of the Bell Mobile TV app and (ii) the $3 per hour fee being charged for usage beyond the first 10 hours.
3- Describe the impact on the wireless data plan when a Bell Mobile TV app subscriber watches a) 5 hours of Bell Mobile TV content and b) 15 hours of Bell Mobile TV content in the following situations: (i) on Bell Mobility’s wireless network; (ii) on a competitor’s wireless network; (iii) on a Wi-Fi network at home; and (iv) on a free Wi-Fi network in a public space.
4- Explain how Bell Mobility differentiates on the customer’s invoice the data consumption associated with the viewing of Bell Mobile TV app content from the data consumption associated with access to other Internet services.
5- At paragraph 13 of his application, Mr. Klass quoted a news release from Bell Canada in which the Bell Mobile TV app was described as a "breakthrough wireless data service that offers on-the-go access to more than 40 channels of live and on-demand sports, news, entertainment and children’s TV programming". At paragraph 5 of its 9 January 2014 answer, Bell Mobility stated that "Bell Mobility’s Mobile TV service is a broadcasting undertaking which provides a broadcasting service not a telecommunication service". Clarify Bell Mobility’s position. Explain the inconsistency in these statements and how a data service that uses the Internet is not a telecommunications service.
6- Is the content of Bell Mobile TV app downloaded, streamed, or progressively downloaded?
7- Network architecture
a) Provide two diagrams: the first one describing how content (e.g. a TV show) is delivered to a Bell Fibe TV subscriber and the second one describing how content (e.g. a TV show) is delivered to a Bell Mobility subscriber. The diagrams should detail all similarities and differences between these two services.
b) Please describe the overall network architecture from video source ingestion (live or recorded) to display on smartphone/tablet.
c) Is the Bell Mobile TV app content differentiated from any other Internet traffic on Bell’s wireless network? If so, where on the network is it differentiated and separated?
d) Does Bell Mobile TV app content watched on a smartphone/tablet get a higher priority than other Internet content on Bell Mobility’s wireless network? Are there any optimization or overload mechanisms in place to ensure a better quality of service? If so, please describe.
8- Is the Bell Mobile TV app content sent from the server to each subscriber or is it sent to a group of subscribers?
9- Given that the first 10 hours of Bell Mobile TV app usage does not count toward the Bell Mobility subscriber’s wireless data plan and costs $5, the offer seems more advantageous for the Bell Mobile TV app compared to other third party apps.
a) Explain how Bell Mobility subscribers are not subject to an undue preference in regard to their data usage when they access the Bell Mobile TV app.
b) Explain how competing content providers (e.g. the National Film Board or the Canadian Broadcasting Corporation) are not unjustly discriminated against or subject to an undue disadvantage.
10- At paragraphs 40-42 of its 9 January 2014 answer, Bell Mobility quotes statistics about the growing popularity of Netflix and YouTube subscribers in order to demonstrate that the pricing for Bell Mobile TV app has not lessened competition. Since these statistics are not specific to the content watched on a wireless phone, explain how the company could conclude from these statistics that the pricing of the Bell Mobile TV app is not affecting competition in the provision of content on wireless phones. Please provide any available statistics that are specific to the mobile TV market.

Interrogatories to Rogers

1- Explain if and how the content available (e.g. channels, VOD, other) on the Rogers Anyplace TV mobile app (RAP-TV mobile service) is different for (i) a customer who only subscribes to Rogers TV and (ii) a customer who only subscribes to Rogers wireless.
2- Can Fido customers have access to the RAP-TV mobile service?
3- Describe the specific costs (e.g. content rights and/or data usage) that are being recovered by (i) the $5 fee being charged for the first 10 hours of usage of the RAP-TV mobile service and (ii) the $1 per hour fee being charged for usage beyond the first 10 hours.
4- Describe the impact on the wireless data plan when a RAP-TV mobile service subscriber watches a) 5 hours of RAP-TV mobile service content and b) 15 hours of RAP-TV mobile service content in the following situation: (i) on Rogers’ wireless network; (ii) on a competitor’s wireless network; (iii) on a Wi-Fi network at home; and (iv) on a free Wi-Fi network in a public space.
5- Explain how Rogers Wireless differentiates on the customer’s invoice the data consumption associated with the viewing of RAP-TV mobile service content from the data consumption associated with the access to other Internet services.
6- In the See Full Details description of the Rogers Anyplace TV app on Rogers’ website (https://www.rogers.com/web/content/AnyplaceTV), it is mentioned that "data usage may apply to some advertising appearing with on demand content viewed through the app." Please elaborate on 1) the reason why data usage may apply to some advertising appearing with on demand content and 2) how the customer can differentiate this consumption from the hours of content included within the $5 package.
7- Is the content of Rogers Anyplace TV app downloaded, streamed, or progressively downloaded?
8- Network architecture
a) Provide two diagrams: the first one describing how content (e.g. a TV show) is delivered to a Rogers cable TV subscriber and the second one describing how content (e.g. a TV show) is delivered to a Rogers wireless subscriber. The diagrams should detail all similarities and differences between these two services.
b) Please describe the overall network architecture from video source ingestion (live or recorded) to display on smartphone/tablet.
c) Is the RAP-TV mobile service content differentiated from any other Internet traffic on Rogers’ wireless network? If so, where on the network is it differentiated and separated?
d) Does RAP-TV mobile service content watched on a smartphone/tablet get a higher priority than other Internet content on Rogers’ wireless network? Are there any optimization or overload mechanisms in place to ensure a better quality of service? If so, please describe.
9- Is the Rogers Anyplace TV app content sent from the server to each subscriber or is it sent to a group of subscribers?
10- Given that the first 10 hours of RAP-TV mobile service app usage does not count toward the Rogers wireless subscriber’s wireless data plan and costs $5, the offer seems more advantageous for the RAP-TV mobile service app compared to other third party apps.
a) Explain how Rogers’ wireless subscribers are not subject to an undue preference in regard to their data usage when they access RAP TV mobile service app.
b) Explain how competing content providers (e.g. the National Film Board or the Canadian Broadcasting Corporation) are not unjustly discriminated against or subject to an undue disadvantage.
11- Provide your view, with supporting rationale, on whether a mobile TV service is a telecommunications or a broadcasting service.
12- At paragraph 24 of its 5 March 2014 Comments, Rogers states that Google, Apple, Netflix and broadcasters branded websites were the dominant sources for over-the-top video content in Canada. Elaborate on how this is relevant to determining the level of competition in the provision of content on wireless phones. Please provide any available statistics that are specific to the mobile TV market.

Interrogatories to Videotron

1- Explain if and how the content available (e.g. channels, VOD, other) on the illico mobile app is different for (i) a customer who only subscribes to Videotron’s illico TV and (ii) for a customer who only subscribes to Videotron’s mobile services.
2- Explain the differences and similarities between the illico.tv on tablet app and the illico mobile app on Android/iPhone.
3- The Canadian Association of Consumers (CAC), the Council of Senior Citizens’ Organizations of British-Columbia (COSCO) and the Public Interest Advocacy Centre (PIAC) (collectively CAC-COSCO-PIAC) mentioned at paragraph 4 of their Part 1 application that the first five hours of content are free with at least a 2GB data plan. Confirm if that statement is accurate. If not, clarify the price structure for the service.
4- CAC-COSCO-PIAC mentioned at paragraph 7 of their Part 1 application that the first 15 hours of data consumption of illico.tv service are exempt. Confirm if that statement is accurate. If not, clarify the price structure for the service.
5- Describe the specific costs (e.g. content rights and/or data usage) that are being recovered by (i) the $5 fee being charged for 5 hours of usage of the illico mobile app; (ii) the $10 fee being charged for 15 hours of usage of the illico mobile app; (iii) the $15 fee being charged for 30 hours of usage of the illico mobile app; and (iv) the $1.50 per hour fee being charged for usage exceeding viewing hours in the customer’s add-on.
6- Confirm whether Videotron’s illico mobile app is offered exclusively on Videotron’s mobile network or if it can be accessed from other wireless networks.
7- Describe the impact on the wireless data plan when the subscriber of the add-on of $10 for 15 hours watches a) 10 hours of illico mobile TV app content and b) 16 hours of illico mobile TV app content in the following situations: (i) on Videotron’s wireless network; (ii) on a competitor’s wireless network; (iii) on a Wi-Fi network at home; and (iv) on a free Wi-Fi network in a public space.
8- Explain how Videotron differentiates on the customer’s invoice the data consumption associated with the viewing of illico mobile app content from the data consumption associated with access to other Internet services.
9- Is the content of illico mobile app downloaded, streamed, or progressively downloaded?
10- Network architecture
a) Provide two diagrams: the first one describing how content (e.g. a TV show) is delivered to a Videotron cable subscriber and the second one describing how content (e.g. a TV show) is delivered to a Videotron mobile subscriber. The diagrams should detail all similarities and differences between these two services.
b) Please describe the overall network architecture from video source ingestion (live or recorded) to display on smartphone/tablet.
c) Is illico mobile app content differentiated from any other Internet traffic on Videotron’s wireless network? If so, where on the network is it differentiated and separated?
d) Does the illico mobile app content watched on a smartphone/tablet get a higher priority than other Internet content on Videotron’s wireless network? Are there any optimization or overload mechanisms in place to ensure a better quality of service? If so, please describe
11- Is the illico mobile app content stream sent from the server to each subscriber or is it sent to a group of subscribers?
12- Given that illico mobile app data blocks cost $5 for 5 hours, $10 for 15 hours and $15 for 30 hours, and that these data blocks do not count toward the data included in the Videotron mobile subscriber’s mobile plan, it seems more advantageous to use the illico mobile app compared to other third party apps.
a) Explain how Videotron mobile subscribers are not subject to an undue preference in regard to their data usage when they access the illico mobile app.
b) Explain how competing content providers (e.g. the National Film Board or the Canadian Broadcasting Corporation) are not unjustly discriminated or subject to an undue disadvantage.
13- Provide your view, with supporting rationale, on whether a mobile TV service is a telecommunications or a broadcasting service.
14- At paragraph 11 of its 5 March 2014 comments, Videotron states: "Comme le démontre le tableau ci-haut, le pourcentage de Canadiens qui se sont abonnés à Netflix entre le printemps 2011 et l’automne 2012 a quasiment triplé (en passant de 6% à 17%). Force est d’admettre que l’introduction de la télé mobile n’a pas eu pour effet de contrecarrer la concurrence offerte par les fournisseurs de services de programmation par contournement." Elaborate on how this is relevant to determining the level of competition in the provision of content on wireless phones. Please provide any available statistics that are specific to the mobile TV market.

Date modified:

2014-04-04