ARCHIVED - Telecom Commission Letter Addressed to Stephen Scofich (TbayTel)

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27 September 2018

Our reference: 1011-NOC2016-0293


Mr. Stephen Scofich
Regulatory Analyst

RE: Revised Wireless Code Implementation – 2018 Compliance Reports – Request for further information

Dear Mr. Scofich,

This letter sets out follow-up questions about TbayTel’s compliance with the revised Wireless CodeFootnote1

On 15 February 2018, Commission staff sent a letter, titled Revised Wireless Code Implementation – Compliance Reports, which set out specific questions for wireless service providers to answer in their compliance reports for the revised Wireless Code. These reports were due by 31 March 2018.

Commission staff reviewed TbayTel’s report and considers that certain elements require further clarification.

Therefore, TbayTel is asked to file answers to the attached questions on or before 9 October 2018.

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.

These materials may be incorporated into the record of a potential future proceeding evaluating WSP compliance with the revised Wireless Code and assessing whether remedial measures are appropriate in the circumstances.

For further information on how to submit your response, see the CRTC’s web page Submitting applications and other documents to the CRTC using My CRTC Account.

If you have any questions, please contact Meghan Wawryk, Senior Analyst, Social and Consumer Policy, at 819 635-6959 or

Yours sincerely,

(Original signed by)

Scott Shortliffe
Chief Consumer Officer, Consumer Affairs and Strategic Policy



  1. In the Commission staff letter dated 15 February 2018, question 5.e. states “Provide an example of the text used and describe the delivery method(s) you employ when notifying a customer on a fixed-term contract at least 90 calendar days before the end of their initial commitment period whether or not the contract will be automatically extended.”

    Explain how, in your view, TbayTel’s response satisfies all of section G. 6 (ii) of the revised Code, which requires that:

    “(ii) A service provider must notify a customer on a fixed-term contract at least 90 calendar days before the end of their initial commitment period whether or not the contract will be automatically extended. This notification must include

    1. the date on which the contract is set to expire;
    2. a statement informing the customer that as of that date, they can switch plans, change services providers, or cancel their service without penalty; and
    3. information explaining
      1. whether the contract will be automatically extended with the same rates, terms, and conditions, on a month-to-month basis; and
      2. if the contract is not being automatically extended, the proposed new minimum monthly charge for service going forward.” (emphasis added)
  2. In response to question 7 of the Commission staff letter dated 15 February 2018, TbayTel submitted that a “repair or replacement fee may be assessed” as part of your trial period policy.

    Explain how, in your view, this is compliant with the requirement that customers may cancel their contract during the trial period without penalty or early cancellation fee if they have used less than the permitted usage and returned the device in near-new condition, including original packaging. Furthermore, note that in paragraph 333 of the revised Wireless Code regulatory policy (TRP 2017-200), the Commission determined that “proposals to allow WSPs to either (a) charge a restocking fee, or (b) require customers to return gifts or promotional incentives are not consistent with the objectives of the Code.”

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