Telecom Commission letter addressed to Distribution List

Ottawa, 2 March 2020

Our reference: 1011-NOC2016-0293

BY E-MAIL

To: Distribution List

RE: Wireless Code– 2020 Compliance Reports

Sir, Madam,

This letter sets out the questions you are to answer in your 2020 annual Wireless Code compliance report, due by 31 March 2020.

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 2019 Wireless Code compliance reports, and subsequent letters between Commission staff and WSPs regarding those reports, are available on the Commission’s website. While the Commission’s assessment of the 2019 reports is still in progress, the 2020 reports remain due on March 31 2020.

The Appendix to this letter sets out questions that all WSPs must answer when submitting their 2020 Wireless Code compliance reports. Companies that operate flanker brands) ^Footnote1 must file responses on behalf of these brands in addition to their primary brands.) ^Footnote2

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;
geoff@brooketel.ca;
faye.hughes@brucetelecom.com;
Regulatory@brucetelecom.com;
tomsullivan@brucetelecom.com;
Regulatory.Matters@corp.eastlink.ca;
martha.facey@execulink.com; a.lawrence@hay.net;
grubb@hurontel.on.ca;
regulatory@icewireless.com;
regulatory@iristel.com
knaylor@mornington.ca;
reglementa@telebec.com;
regulatory@sjrb.ca;
regulatory@quadro.net;
rwi_gr@rci.rogers.com;
ruth.altman@rci.rogers.com;
david.watt@rci.rogers.com;
document.control@sasktel.com;
richard.biron@sogetel.com;
stephen.scofich@tbaytel.com;
david.wilkie@tbaytel.com;
regulatory.affairs@telus.com;
regulatory@tccmail.ca;
rob@tccmail.ca;
linda@tccmail.ca;
reglementa@telebec.com;
regaffairs@quebecor.com;
melanie.cardin@quebecor.com;
Xplornet.Legal@corp.xplornet.com;
carl.macquarrie@corp.xplornet.com;
regulatory@corporate.wightman.ca;
scott_laird@ztarmobile.com;
dnekram@suncor.com

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 from 1 January to 31 December 2019, provide the following information, reporting separately for each of your brands.

How you define “formal complaint”, including an explanation of where a formal complaint fits into the overall complaint escalation process and example of a formal complaint.
The number of individual and small business customers that made a formal complaint about their retail mobile wireless service.
The number of customers that made a formal complaint that were provided with information about the CCTS during the complaint process.

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) ^Footnote3 or your compliance with specific rules?) ^Footnote4 If so, please provide a detailed explanation of the changes.

Q3. Self-identification of ongoing compliance

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

Table 1: Self-identification of ongoing compliance
Requirement		Do you consider that you are currently meeting this requirement? (Answer Yes or No)	If you do not consider that you are currently meeting this requirement, explain why and provide your plan to come into compliance.
A. Clarity
1. Plain language	(i)
1. Plain language	(ii)
2. Prices	(i)
3. Unlimited services	(i)
3. Unlimited services	(ii)
B. Contracts and related documents
1. Postpaid contracts	(i)
	(ii)
	(iii)
2. Prepaid service contracts	(i)
	(ii)
	(iii)
	(iv)
	(v)
C. Critical Information Summary
1. General	(i)
	(ii)
	(iii)
	(iv)
	(v)
D. Changes to contracts and related documents
1. Changes to key contract terms and conditions	(i)
	(ii)
	(iii)
2. Changes to other contract terms and conditions or related documents	(i)
	(ii)
E. Bill management
1. International roaming notification	(i)
1. International roaming notification	(ii)
2. Cap on data roaming charges	(i)
	(ii)
	(iii)
	(iv)
3. Cap on data overage charges	(i)
	(ii)
	(iii)
	(iv)
	(v)
4. Unsolicited wireless services	(i)
5. Mobile premium services	(i)
F. Mobile device issues
1. Unlocking	(i)
1. Unlocking	(ii)
2. Warranties	(i)
3. Lost or stolen devices	(i)
3. Lost or stolen devices	(ii)
4. Repairs	(i)
G. Contract cancellation and extension
1. Early cancellation fees – General	(i)
1. Early cancellation fees – General	(ii)
2. Early cancellation fees – Subsidized device	(i)
2. Early cancellation fees – Subsidized device	(ii)
3. Early cancellation fees – No subsidized device	(i)
4. Trial period	(i)
	(ii)
	(iii)
	(iv)
	(v)
5. Cancellation date	(i)
5. Cancellation date	(ii)
6. Contract extension	(i)
	(ii)
	(iii)
H. Security deposits
1. Requesting, reviewing, and returning a security deposit	(i)
	(ii)
	(iii)
Disconnection
When disconnection may occur	(i)
	(ii)
	(iii)
2. Notice before disconnection	(i)
	(ii)
	(iii)
	(iv)
	(v)
3. Disputing disconnection charges	(i)
J. Expiration of prepaid balances
1. General	(i)
1. General	(ii)

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.
As applicable: if the contracts, CIS, and other related documents you provide differ depending on whether the customer has selected a multi-user plan^Footnote5 or an individual plan, provide copies of items a-c above for both.
As applicable: 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.
As applicable: 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.
As applicable: 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

seeking consent from the account holder or an authorized user to change a key term or condition of a customer’s postpaid contract;
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;
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;
notifying the account holder and the device user when a device is roaming in another country; and
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 from the account holder or an authorized user 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 that they are knowledgeable about the revised Code, able to effectively describe its provisions, and able to explain recourse options for customers.
the links to the consumer checklist set out in Appendix 2 to the Policy 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.^Footnote6

If there have been significant changes in how you train customer service representatives regarding the Code or in other aspects of how 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 in turn 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.

Footnotes

Footnote 1

A flanker brand, also referred to as an extension or a secondary brand, is expressed as logos or words, and is used by the primary brand WSP to market and offer varying services and plans to consumers. The primary brand’s network is used to provide services under the flanker brand. Virgin, Koodo, and Fido are examples of flanker brands.

Return to footnote 1 referrer

Footnote 2

A primary brand is the brand that is most recognizable by consumers and is directly associated to the parent company that owns and operates the facilities to provide services.

Return to footnote 2 referrer

Footnote 3

Significant changes in how you comply could include, but are not limited to, changes to content or format of standard contracts, changes to the content of notifications provided to customers, changes in how you train customer service representatives about the Code, etc.

Return to footnote 3 referrer

Footnote 4

Examples of changes in compliance could include instances where a provider self-identified in 2018 as not meeting certain requirements but considers that it meeting them now, or vice-versa.

Return to footnote 4 referrer

Footnote 5

A contract for wireless services in which an account holder pays for the wireless services of at least two device users, regardless of whether the account holder is also a device user (also known as a shared plan or family plan).

Return to footnote 5 referrer

Footnote 6

In paragraph 426 of the Policy, the Commission directed all WSPs to “add a notification regarding the consumer checklist to their billing statements on two separate occasions: one notification in the month that the revised Code takes effect, and one notification three months later, and semi-annually thereafter.”

Return to footnote 6 referrer

Date modified:: 2020-03-02

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