Search

ARCHIVED - Letter

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

Ottawa, 22 May 2014

File number: 8665-C12-201212448

Mr. Jim Janssens
Brooke Telecom Co-operative Ltd.
jim@brooketel.ca

BY E-MAIL

Re: Wireless Code Implementation – Compliance Reports

Dear Mr. Janssens:

In The Wireless Code Policy [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).

As required by paragraph 377 of the Wireless Code Policy, WSPs filed reports with the Commission in January 2014 detailing how they have implemented the Wireless Code [2]. CRTC staff reviewed these reports and considers that there are elements of WSPs' implementation that require further follow-up.

Therefore, you are asked to file answers to the attached questions on or before 29 May 2014.

This letter and all subsequent correspondence form part of a public record. 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.[3]

Yours sincerely,

ORIGINAL SIGNED BY /

Nanao Kachi
Director, Social and Consumer Policy, CRTC

[1] Telecom Regulatory Policy CRTC 2013-271, 3 June 2013, CRTC
File number 8665-C12-201212448

[2] https://applications.crtc.gc.ca/DocWebBroker/OpenDocument.aspx?Key=62279&Type=Notice

[3] http://laws-lois.justice.gc.ca/eng/regulations/SOR-2010-277/index.html

Enclosure

Questions

  1. As set out in paragraph 58 of the Policy, "The Commission requires WSPs to ensure that written contracts for postpaid services set out all of the information listed below in a clear manner:… j) whether the contract will be extended automatically on a month-to-month basis when it expires, and if so, starting on what date".

    2. Explain why information relating to whether or not the contract would be extended automatically could not be found in the contract sample you provided.

  2. As set out in paragraph 58 of the Policy, "The Commission requires WSPs to ensure that written contracts for postpaid services set out all of the information listed below in a clear manner: …k) whether upgrading the mobile device or otherwise amending a contract term or condition would extend the customer's commitment period or change any other aspect of the contract".

    3. Explain why clear information relating to the effect of upgrading a mobile device could not be found in the contract sample you provided.

  3. As set out in paragraph 58 of the Policy, "The Commission requires WSPs to ensure that written contracts for postpaid services set out all of the information listed below in a clear manner: f) an explanation of all related documents, including privacy policies and fair use policies".

    4. Explain why information relating to the privacy and fair use policies could not be found in the contract sample you provided.

  4. As set out in paragraph 253 of the Policy, "WSPs must provide a 15-calendar-day (minimum) trial period for contracts where the consumer is subject to an early cancellation fee. During the trial period, customers can cancel their contract without penalty if they have (i) used less than the prescribed usage; and (ii) returned any mobile device provided by the WSP in near-new condition, including original packaging."

    5. As outlined in the contract sample you provided, customers have a trial period of 14 days. Explain how your contract respects the policy outlined above.

  5. As set out in paragraph 253 of the Policy, "WSPs must provide a 15-calendar-day (minimum) trial period for contracts where the consumer is subject to an early cancellation fee. During the trial period, customers can cancel their contract without penalty if they have (i) used less than the prescribed usage; and (ii) returned any mobile device provided by the WSP in near-new condition, including original packaging."

    6. As outlined in the contract sample you provided, customers may have to pay a restocking fee if they avail themselves of the trial period. Explain how your contract respects the policy outlined above.

  6. Paragraph 253 of the Policy (above) outlines the mandatory trial period.

    Explain how a customer can form a complete opinion as to the quality of the received service for their needs with a trial period that includes a maximum of 30 minutes of airtime and 50 MB of data usage.

Date modified: