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Ottawa, 22 May 2014
File number: 8665-C12-201212448
Mr. Richard Banks
General Manager
Mornington Communications Co-operative Limited
rbanks@mornington.ca
BY E-MAIL
Re: Wireless Code Implementation – Compliance Reports
Dear Mr. Banks:
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
- As set out in paragraph 75 of the Policy, “The Commission determines that WSPs must also ensure that the Critical Information Summary accurately reflects the content of the contract and clearly and prominently contains all of the following: (…) (i) a complete description of all key contract terms and conditions, as listed in sections a) to e) in paragraph 58”.
Paragraph 58 further states, “The Commission requires WSPs to ensure that written contracts for postpaid services set out all of the information listed below in a clear manner: (...) d) if applicable, (i) the total early cancellation fee; (ii) the amount by which the early cancellation fee will decrease each month; and (iii) the date on which the customer will no longer be subject to the early cancellation fee; e) if a subsidized device is provided as part of the contract, (i) the retail price of the device, which is the lesser of the manufacturer’s suggested retail price or the price set for the device when it is purchased from the WSP without a contract; (ii) the amount that the customer paid for the device; and (iii) the fee to unlock the device, if any.”
Explain why detailed information on the early cancellation fee is not included in the Critical Information Summary sample you provided.
- As set out in paragraph 75 of the Policy, “The Commission determines that WSPs must also ensure that the Critical Information Summary accurately reflects the content of the contract and clearly and prominently contains all of the following: (…) (iii) information on all one-time charges and additional fees”.
Explain why there are no mentions of one-time fees on the Critical Information Summary sample you have provided while there is mention of a possible “Connection Charge” in the contract sample.
- 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.”
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.
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