ARCHIVED - Telecom Commission Letter addressed to Naheed Shivji (Rafiki Technologies Inc.)
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Ottawa, 18 October 2018
Our reference: 1011-NOC2020-0089
Rafiki Technologies Inc.
Suite 320, 3115 12 Street NE
Calgary, Alberta, T2E 7J2
RE: Your company’s mandatory participation in the CCTS
Dear Mr. Shivji:
The Canadian Radio-television and Telecommunications Commission (CRTC)Footnote1 has been informed that Rafiki Technologies Inc. has failed to become a participant in the Commission for Complaints for Telecom-Television Services (CCTS)Footnote2.
The CCTS provides a valuable service to Canadians, helping them resolve disputes with their Telecommunications Service Providers (TSPs). As such, the CRTC has determined that participation in the CCTS is mandatory for all TSPs, including resellers that provide services within the scope of the CCTS’ mandate. Over 300 TSPs, large and small, are participants in the CCTS.
Failure to participate in the CCTS is taken very seriously by the CRTC and may result in enforcement action being taken against non-compliant TSPs. In particular, the CRTC may begin the process to impose an administrative monetary penalty (AMP) on a non-compliant TSP following a referral from the CCTS. The enforcement process could result in AMPs of up to $50,000 being imposed on TSPs that failed to participate in the CCTS and up to $15,000 on its Director(s). See Telecom Notice of Consultation CRTC 2018-5 for more details.
Based on the information provided to the CRTC by the CCTS, Rafiki Technologies Inc. was required to become a participant in the CCTS by 16 September 2018 but has failed to do so. As a result, Rafiki Technologies Inc. could be found to be in violation of the Telecommunications Act because it had contravened the CRTC’s participation requirement. Appendix A provides more details concerning the requirement that Rafiki Technologies Inc. participate in the CCTS.
In order to avoid the CRTC taking further actions in response to failing to participate in the CCTS, Rafiki Technologies Inc. is required to become a participant in the CCTS and provide proof that it has done so (i.e., a copy of correspondence from the CCTS acknowledging your company’s participation) to the Chief Consumer Officer of the CRTC by 9 November 2018.
Should you have questions about registering as a participating TSP or the triggering complaint, you can contact Ms. Josée Thibault at the CCTS at 613-688-4752. If you have questions specific to the CRTC’s requirements concerning CCTS participation and the Telecommunications Act, you may contact Nanao Kachi, Director of Social and Consumer Policy, at 819-997-4700 or firstname.lastname@example.org.
Chief Consumer Officer and Executive Director
Consumer Affairs and Strategic Policy
Appendix A – Details concerning the requirement that Rafiki Technologies Inc. participate in the CCTS
Mandatory participation in the CCTS has been in effect for the largest TSPs since December 2007. In Telecom Regulatory Policy 2011-46, the CRTC determined that all TSPs that offer services within the scope of the CCTS must become members of the CCTS within five days of the date that the CCTS notifies the TSP that the CCTS has received an in-scope complaint about it.
The CCTS participation requirement was reaffirmed by the CRTC in Broadcasting and Telecom Regulatory Policy 2016-102. As per paragraph 45 of the CCTS review, the CRTC requires, pursuant to sections 24 and 24.1 of the Telecommunications Act, that as a condition of offering or providing telecommunication services:
- Every person (i.e. TSP) who is not a participant in the CCTS as of March 17, 2016 become and remain a participant in the CCTS commencing 30 days after the date on which the CCTS informs that person that the CCTS has received a complaint related to telecommunications services provided by it falling within the scope of the CCTS’s mandate.
For clarity, the term "person" includes every Canadian carrier and every person who is not a Canadian carrier, as defined in the Telecommunications Act.
Based on the information provided to the CRTC by the CCTS, Rafiki Technologies Inc. was required to become a participant in the CCTS by 16 September 2018 but has failed to comply with this requirement. Specifically the CCTS informed the CRTC that:
- The CCTS received an in-scope complaint from a customer of Rafiki Technologies Inc. on 19 July 2018 that triggered the CCTS participation requirement;
- The CCTS provided written notice to Rafiki Technologies Inc. on 16 August 2018 that Rafiki Technologies Inc. was required to become a participant by 16 September 2018;
- The CCTS provided a subsequent written notice to Rafiki Technologies Inc. on 19 September 2018; and
- As of the date of this letter, Rafiki Technologies Inc. has failed to become participant in the CCTS as required.
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