ARCHIVED - Letter

Ottawa, 22 May 2014

File number: 8665-C12-201212448

Mr. Kolos Gugan
Controller
Wightman Telecom Ltd.
kgugan@wightman.ca

BY E-MAIL

Re: Wireless Code Implementation – Compliance Reports

Dear Mr. Gugan:

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

Enclosure

Questions

1. As set out in paragraphs 136-137 of the Policy, “In light of the above, the Commission requires WSPs to suspend national and international data roaming charges once they reach $100 within a single monthly billing cycle, unless the customer explicitly and knowingly consents to pay additional charges. The Commission also requires WSPs to suspend data overage charges once they reach $50 within a single billing cycle, unless the customer explicitly and knowingly agrees to pay additional charges.”
   

   In the Commission’s analysis, paragraph 129, it is further explained, “The Commission considers that WSPs should provide a cap on data charges by default. The Commission also considers that if a consumer reaches a data cap, they should have the option to expressly consent to pay additional charges in that monthly billing cycle. The Commission notes that under such a requirement, WSPs would not be required to suspend data services once a cap is reached.”

   As per the contract you provided, you require customers to explicitly agree to all future overage charge as a condition of obtaining services from you. Explain how that respects the spirit of the code, and helps consumer avoid experiencing bill shock.

2. 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:

2014-05-22