ARCHIVED - Telecom Commission Letter addressed to Distribution List

Ottawa, 27 February 2019

Our reference: 1011-NOC2016-0293

BY EMAIL

To: Distribution List

RE: Wireless Code – 2019 Compliance Reports

Sir, Madam,

This letter sets out the questions you are to answer in your 2019 annual Wireless Code compliance report, due by 31 March 2019.

Context

In Review of the Wireless Code (Telecom Regulatory Policy 2017-200, the Policy), the Commission made targeted changes to and clarified existing rules of the Wireless Code (the Code).

The Code is a mandatory code of conduct for providers of retail mobile wireless voice and data services (wireless services) to individual and small business customers in Canada. The revised Code is set out in Appendix 1 of the Policy.

In the Policy, the Commission directed wireless service providers (WSPs) “to submit compliance reports on an annual basis, by 31 March of each year, to support the Commission’s role in monitoring WSPs for systemic non-compliance and enforcing the Code” (the Wireless Code Compliance Reports).

The 2018 Wireless Code compliance reports,^Footnote1 and subsequent letters between Commission staff and WSPs regarding those reports,^Footnote2 are available on the Commission’s website.

On 7 January 2019, the Commission issued assessment letters to WSPs regarding their 2018 Wireless Code compliance reports.^Footnote3 On 15 February 2019, Ice Wireless, the final WSP to experience delays in implementing the revised Code, informed the Commission that it had fully implemented sections E. 1-3 of the Wireless Code.

The Appendix to this letter sets out questions that all WSPs must answer when submitting their 2019 Wireless Code Compliance Reports.

• Companies that operate flanker brands^Footnote4 must file responses on behalf of these brands in addition to their primary brands.^Footnote5

Procedures for filing

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.

Yours sincerely,

(Original signed by)

Nanao Kachi
Director, Social and Consumer Policy
CRTC

Distribution List
bell.regulatory@bell.ca;
jim@brooketel.ca;
faye.hughes@brucetelecom.com;
Regulatory.Matters@corp.eastlink.ca;
martha.facey@execulink.com;
Regulatory@sjrb.ca;
a.lawrence@hay.net;
grubb@hurontel.on.ca;
regulatory@icewireless.com;
lhallahan@mornington.ca;
reglementa@telebec.com;
rjackson@petro-canada.ca;
kostin@petro-canada.ca;
gfscott@petro-canada.ca;
barry.stone@quadro.net;
rwi_gr@rci.rogers.com;
document.control@sasktel.com;
richard.biron@sogetel.com;
stephen.scofich@tbaytel.com;
regulatory.affairs@telus.com;
regulatory@tccmail.ca;
reglementa@telebec.com;
dennis.beland@quebecor.com;
Xplornet.Legal@corp.xplornet.com
kgugan@wightman.ca;
mlewis@lbhmedialaw.com;
harleen.sawhney@zoomermedia.ca;

Appendix - Questions for all WSPs

Q1. Formal complaints and CCTS

In paragraph 426 of the Policy, the Commission directed all WSPs to “inform customers of their right of recourse to the [Commission for Complaints for Telecom-Television Services (CCTS)] immediately upon a failure to resolve a complaint at the second level of escalation, and again at subsequent levels of escalation within the WSP’s internal process; and retain statistics on an ongoing basis on how many customers, out of the total number of customers who make a formal complaint, they informed about the CCTS, and provide these statistics to the Commission as part of the compliance reporting process on an annual basis.” (Emphasis added)

For the period of 1 January to 31 December 2018, provide the following information, reporting separately for each of your brands.

• The number of individual and small business customers that made a formal complaint to their service provider about their retail mobile wireless service.
• The number of such customers that were provided with information about the CCTS during the complaint process
• Please provide a standard script that you use to inform customers about CCTS, if it is available

Q2. Significant changes since last report

Have there been any significant changes since your last report in terms of either:

• How you comply with specific rules?^Footnote6
• Your compliance with specific rules?^Footnote7

If so, please provide a detailed explanation of the changes.

Q3. Self-identification of ongoing compliance

Fill out the following chart in full to confirm whether you consider that you are currently in compliance with each requirement set out in the revised Wireless Code.

Q4. Postpaid services

If you provide postpaid wireless services, provide a copy of the documents you provide to customers entering into new postpaid contracts.

This should include the following:

• A copy of an example contract;
• A critical information summary (CIS) for that contract; and
• Other related documents that would generally apply to a postpaid contract, including terms of service, fair use policies, and privacy policies.

If the contracts, CIS, and other related documents you provide differ depending on whether the customer has selected a multi-user plan^Footnote8 (i.e. a shared or family plan) or an individual plan, please provide copies of all the above documents for both.

If there have been significant changes to your standard contracts and related documents since your last compliance report, provide an overview of the changes.

Q5. Prepaid services

If you provide prepaid wireless services, provide a copy of the documents you provide to customers entering into new prepaid contracts. This should include the following:

• A copy of an example contract; and
• Other related documents that apply to the contract, including terms of service, fair use policies, and privacy policies.

If you offer prepaid cards, please provide a copy of the information or terms of service provided to the customer in association with that prepaid card. 

If there have been significant changes to your standard contracts, related documents or prepaid cards since your last compliance report, provide an overview of the changes.

Q6. Notifications and consent

Provide an example of the text used and describe the delivery method(s) you use when

1. seeking consent to change a key term or condition of a customer’s postpaid contract;
2. seeking consent from the account holder or an authorized user to pay additional charges beyond the $100 of national and international data roaming charges within a single billing cycle;
3. seeking consent from an account holder or an authorized user to pay additional charges beyond the $50 in data overage charges within a single billing cycle;
4. notifying the account holder and the device user when a device is roaming in another country; and
5. 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.

If there have been significant changes to how you obtain customer consent since your last compliance report, provide an overview of the changes.

Q7. Promotion of the Wireless Code

Provide the following information related to how you continue to meet your obligations to promote the Wireless Code:

• a description of the training you currently provide to customer service representatives to ensure they are knowledgeable about the revised Code, able to effectively describe its provisions, and able to explain recourse options for customers.
• the current links to the consumer checklist on your websites and screenshots of the website, and justify how these are “prominent” as required under para 426 (b).
• an example of the information you visually display from the consumer checklist in your stores and kiosks.
• the notification you include in customers’ billing statements regarding the consumer checklist.^Footnote9

If there have been significant changes to how you train customer service representatives regarding the Code or other aspects of you promote the Code since your last compliance report, provide an overview of the changes.

Q8. Contracts with resellers

Confirm whether you currently provide telecommunications services to WSP resellers that are used by those resellers to provide retail mobile wireless services.

If so, provide:

• a list of the WSP resellers; and
• confirmation that your contract (or other arrangement) with them continues to require that the purchaser of the service and their wholesale customers and subordinate wholesale customers adhere to the rules set out in the revised Wireless Code.

Date modified:

2019-02-27