ARCHIVED - Telecom Commission Letter addressed to Distribution list
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Ottawa, 28 September 2015
Our reference: 8661-P8-201510199
Other reference: 8622-V42-201510735
Re: Part I Applications regarding Videotron’s practices related to its mobile wireless Unlimited Music service
Dear Madam, Sir:
On 1 September 2015, the Commission received an application pursuant to Part I of the CRTC Rules of Practice and Procedure (“Part 1 application”) from the Consumers’ Association of Canada, the Council of Senior Citizens’ Organizations of British Columbia, and the Public Interest Advocacy Centre (collectively the Consumer Groups) regarding the billing practices of Quebecor Media and its wholly owned subsidiary Vidéotron (collectively Vidéotron) with respect to Vidéotron’s Unlimited Music service.Footnote 1 The Consumer Groups claimed that Vidéotron’s billing practices in respect of its Unlimited Music service are in violation of subsection 27(2) of the Telecommunications Act.
On 4 September 2015, the Commission received a Part 1 application from Vaxination Informatique (Vaxination) also making similar allegations regarding Vidéotron’s billing practices in respect of its Unlimited Music service.
In a letter dated 8 September 2015, Benjamin Klass requested that given the similarities in subject matter, the two applications be examined in a single proceeding in order to avoid unnecessary duplication of effort by the Commission and by interested parties. The following procedural amendments were also requested:
- Issue requests for information in the form of interrogatories to Vidéotron concerning the details of the service including the terms on which it is offered to retail customers, the affiliation agreements Vidéotron enters into with third-party streaming providers, and the technical treatment of Unlimited Music traffic on Vidéotron’s network;
- Make certain notable online audio streaming providers party to the proceeding, including both of those which are affiliated with Vidéotron and those which are not; and
- Expand the process to allow interveners to file comments during the reply phase.
In a letter dated 11 September 2015, Commission staff sought comments from parties on the above-noted procedural requests. The Commission received comments from Vidéotron, Vaxination and the Consumer Groups. In a letter dated 17 September 2015, the Commission received additional comments from Benjamin Klass and Vaxination, to which the Consumer Group’s objected by letter dated 17 September 2015.
The Commission considers that it is neither necessary nor appropriate to strike Vaxination’s application as requested by the Consumer Groups. The Commission considers that Vaxination’s application is neither frivolous nor vexatious. Further, the similarity of issues of both applications, and the potential for duplicative effort by parties, is best addressed by merging the processes as requested by Klass.
Accordingly, the Commission will consider these applications in a single proceeding and they will be placed under the file name PIAC and Vaxination for ease of reference.
The Commission will address requests for information to Vidéotron to ensure that the Commission has all the information it requires to rule on the applications. These requests for information will be sent following the filing of Vidéotron’s answer and interested parties’ interventions.
In addition, the Commission considers that given the nature of the issues in this proceeding, it would be beneficial for all parties to have an opportunity to file final submissions.
Finally, the Commission considers that it is not necessary to make certain online audio streaming providers, as requested by Klass, party to the proceeding at this time.
In light of the above, the regular Part I process will be amended to include:
- Commission requests for information in the form of interrogatories; and
- An opportunity for all parties to file final submissions.
Vidéotron’s answer and interventions by interested parties must be filed by 5 October 2015. These submissions should reference file number 8661-P8-201510199.
The deadlines for each of the remaining phases of this process will be set out at a later date.
Original signed by Luc Bégin
Benjamin Klass, firstname.lastname@example.org
Vaxination Informatique, email@example.com
Consumers’ Association of Canada, the Council of Senior Citizens’ Organization of British Columbia, and the Public Advocacy Centre, firstname.lastname@example.org and email@example.com
Bell Canada firstname.lastname@example.org
Bell Aliant, email@example.com
MTS Allstream, firstname.lastname@example.org
Independent Telephone Providers Association, email@example.com
Vidéotron, firstname.lastname@example.org and email@example.com and firstname.lastname@example.org
Globalive Wireless Management Corp., email@example.com
Data & Audio Visual Enterprises Wireless Inc., firstname.lastname@example.org
Canadian Network Operators Consortium, email@example.com
Canadian Cable Systems Alliance, firstname.lastname@example.org
Cogeco Cable, email@example.com
Shaw Cable, Regulatory@sjrb.ca
Fenwick McKelvey, Concordia University, firstname.lastname@example.org
Steven James May, Ryerson University, email@example.com
Samuelson‐Glushko Canadian Internet Policy & Public Interest Clinic, firstname.lastname@example.org and email@example.com
David Ellis, firstname.lastname@example.org
Teresa Murphy, email@example.com
- Footnote 1
Vidéotron’s Unlimited Music service allows certain of Vidéotron’s wireless customers to access certain audio streaming services and content from their smartphones without incurring data charges.
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