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:

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:

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
John Traversy
Secretary General

Distribution List
Benjamin Klass, 
Vaxination Informatique, 
Consumers’ Association of Canada, the Council of Senior Citizens’ Organization of British Columbia, and the Public Advocacy Centre, and
Bell Canada 
Bell Aliant, 
MTS Allstream, 
Independent Telephone Providers Association, 
Vidéotron, and and 
Globalive Wireless Management Corp., 
Data & Audio Visual Enterprises Wireless Inc., 
Canadian Network Operators Consortium, 
Canadian Cable Systems Alliance, 
Cogeco Cable, 
Shaw Cable, 
Fenwick McKelvey, Concordia University, 
Steven James May, Ryerson University, 
Samuelson‐Glushko Canadian Internet Policy & Public Interest Clinic, and 
David Ellis, 
Teresa Murphy,


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.

Return to footnote 1

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