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Ottawa, 22 May 2014
File number: 8665-C12-201212448
Ms. Cindy Hicks
Executive Assistant Government & Intercarrier Relations
Rogers Communications Partnership
rwi_gr@rci.rogers.com
BY E-MAIL
Re: Wireless Code Implementation – Compliance Reports
Dear Ms. Hicks:
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 234 i) a) of the Policy, “The early cancellation fee must not exceed the value of the device subsidy. The early cancellation fee must be reduced by an equal amount each month, for the lesser of 24 months or the total number of months in the contract term, such that the early cancellation fee is reduced to $0 by the end of the period.
Explain what purpose the “Additional Device Savings Recovery Fee (ADSRF)”, presented in the supplied contract samples for your Rogers and Fido brands, has and how it follows the policy outlined above.
Commission staff also notes that the explanation of the calculation of the early termination fee is unclear and hard to understand. Explain in more detail why and how you consider that it is clear. Provide an example of how the fee would apply to a customer with a subsidized device and a data plan.
- As set out in paragraph 140 of the Policy, “The Commission determines that WSPs must notify customers when their device is roaming in another country. (…) Customers should be able to opt out of these notifications at any time. The Commission also determines that these notifications must be provided to all prepaid and postpaid customers whose devices are able to roam internationally.”
In your compliance report, you accurately state that, “this is an essential tool for customers to manage their bills while roaming” and explain how such notices can be useful to the customer. The policy clearly states that customers should be able to opt out if they so wish. What steps are planned to ensure compliance?
- As set out in paragraph 299 of the Policy, “The Commission determines that except with customer consent or in exceptional circumstances, disconnection may occur only on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m., unless the weekday or weekend day precedes a statutory holiday, in which case disconnection may not occur after noon. The applicable time is that of the customer’s declared place of residence.”
In your compliance report, you state, “All disconnections occur between the hours of 6 am and 2 am, Eastern Time.” Explain why your stated disconnection window is not the same as the one outlined in the policy and what steps are planned to ensure compliance.
- 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.
- Date modified: