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Telecom Commission Letter addressed to the Distribution List

Ottawa, 14 July 2020

Our reference: 1011-NOC2018-0422

BY E-MAIL 

To: Distribution List

RE: Internet Code – 2020 Compliance Reports

Sir, Madam,

This letter sets out the specific questions you are to answer in your 2020 annual compliance report for the Internet Code. Your report is due by 1 October 2020.

These questions, set out in the appendix, address the following issues:

  1. Self-assessment of compliance with the Internet Code
  2. Sample Internet service contracts and related documents
  3. Training for customer service representatives
  4. Statistics on complaints escalated to the Commission for Complaints for Telecom‑Television Services (CCTS)
  5. Internet Code information on Internet service provider (ISP) websites
  6. Internet Code information in ISP stores and kiosks
  7. Internet Code bill statement notification
  8. Internet Code-related tariff amendments (relevant for Northwestel Inc. [Northwestel] only)

Context

The Internet Code (the Code) is a mandatory code of conduct for providers of retail fixed Internet access services provided to individuals (Internet services). Footnote1 The Code took effect on 31 January 2020. The Code applies in full to all renewed, amended, or extended contracts. Certain provisions related to the clarity of communication also apply to existing contracts.

Requirement to adhere to the Internet Code

As set out in paragraph 479 of the Internet Code Policy:

“The Commission directs the following Canadian carriers that provide retail fixed Internet access services to individuals, as a condition of providing these services pursuant to section 24 of the Act, to adhere to the Internet Code, as set out in the Appendix to this decision, according to the implementation schedule set out above, starting no later than 31 January 2020: Bell Canada (including Bell MTS, NorthernTel, and Télébec), Cogeco, Eastlink, Northwestel, RCCI, SaskTel, Shaw, TCI, Videotron, and Xplornet.”

As set out in paragraph 118 of the Internet Code Policy:

“118. … The Commission therefore directs Northwestel to (i) modify the terms and conditions specified in its tariffs (for regulated services) to reflect the requirements set out in this decision, including in the Internet Code; and (ii) issue revised tariff pages by 31 January 2020.”

Requirement to submit annual reports

As set out in paragraph 480 of the Internet Code Policy:

“480. … the Commission also directs the ISPs subject to the Internet Code to

As an exception related to the ongoing COVID-19 pandemic, Commission staff extends the 2020 Internet Code compliance report submission deadline until 1 October 2020.

Other Internet Code-related requirements

Furthermore, as set out in paragraphs 466-469 of the Internet Code Policy,

  1. The Commission considers that requiring ISPs to produce videos in ASL [American Sign Language] and LSQ [langue des signes québecoise] in their Internet Code awareness campaigns is appropriate and that requiring additional measures to ensure that customers with disabilities are aware of the Code would help further the Code’s objectives and fulfill the policy objectives set out in section 7 of the Act. The Commission also recognizes the need for consistent messaging to customers across all ISPs, and determines that the large facilities-based ISPs should collaborate to create and promote videos (i) that are not an advertising vehicle for any particular ISP; (ii) in consultation with the DDBHH community, with consultations starting no later than 2 December 2019; and (iii) with closed captioning.
  2. In addition, the Commission determines that the videos should be made available on each ISP’s website, and expects that they be made available to any organization that requests them, free of charge, no later than 31 January 2020.
  3. In light of the above, to ensure that customers and ISPs are aware of their rights and responsibilities, the Commission directs the ISPs subject to the Internet Code to
    • ensure that their customer service representatives are (i) knowledgeable about the Code, (ii) able to effectively describe the Code’s provisions, and (iii) able to explain recourse options for customers;
    • provide prominent links to the Code on their websites, including on their home pages, and on all pages on which their Internet Service plans and offerings are described;
    • display information about the Code in a visual format in their stores and kiosks;
    • add a notification regarding the Code to their bill statements in the month in which the Code takes effect, another notification three months later, and subsequent notifications semi-annually thereafter;
    • inform customers of their right of recourse to the CCTS immediately upon a failure by an ISP to resolve a complaint at the second level of escalation, and again at subsequent levels of escalation with the ISP; and
    • collaborate with the other large facilities-based ISPs on the production of videos in ASL and LSQ that (i) promote awareness of the Code and associated rights, (ii) explain terminology that is commonly used in Internet Service contracts, (iii) inform customers about methods to manage data consumption and the typical amount of data required for common Internet activities, and (iv) are consistent with the determinations set out in paragraphs 466 and 467 of this decision.
    • [Emphasis added.]
  4. The Commission also directs the ISPs subject to the Internet Code, as part of their compliance reports, to describe how they are ensuring that their customer service representatives are knowledgeable about both the ISPs’ and customers’ rights and responsibilities under the Code, including those specifically related to Canadians with disabilities.

Questions to answer in compliance reports due on 1 October 2020

In light of the above, this letter sets out questions that each ISP must answer when submitting their 2020 Internet Code Compliance Report.

Companies that operate flanker brands Footnote2 must file responses on behalf of these brands in addition to their primary brands. Footnote3  

Procedures for filing

As set out in Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin 2010-961, 23 December 2010, as amended, ISPs may designate certain information as confidential.

ISPs must provide an abridged version of the document involved, accompanied by 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;
reglementa@telebec.com;
Regulatory.Matters@corp.eastlink.ca;
telecom.regulatory@cogeco.com;
regaffairs@quebecor.com;
melanie.cardin@quebecor.com;
rwi_gr@rci.rogers.com;
ruth.altman@rci.rogers.com;
david.watt@rci.rogers.com;
document.control@sasktel.com;
regulatory.affairs@telus.com;
regulatory@tccmail.ca;
rob@tccmail.ca;
linda@tccmail.ca;
regulatory@sjrb.ca;
regulatoryaffairs@nwtel.ca;
Xplornet.Legal@corp.xplornet.com;
carl.macquarrie@corp.xplornet.com

Appendix – Questions for Distribution List

Q1. Self-reported compliance with the Internet Code

Fill out the following chart to provide your self-assessment of compliance with each requirement set out in the Internet Code.

Requirement Have you complied with this requirement as of 31 January 2020?
(Answer Yes or No)

Briefly explain how you meet the requirement.

  • If you have not met the requirement, explain why.
  • If you have sought a deadline extension for this requirement, provide a status update.
Preamble
1. i. Interpretation a.    
b.    
c.    
1. ii. Interpretation    
2. i. Retaining evidence    
A. Clarity
1. Clear communication i.    
ii.    
2. Prices i.    
ii.    
3. Unlimited services i.    
ii.    
4. i. Unsolicited services    
5. Clarity of offers i.    
ii.    
iii.    
B. Contracts and related documents
1. Provision of contract i.    
ii. a. or b.    
2. i. Cancellation period when the permanent contract conflicts with the customer’s agreement    
3. i. When a customer requests a copy of their contract 1.    
2.    
4. i. Accessible formats    
5. i. Content of contracts Key contract terms and conditions
a.    
b.1.(a) or (b)    
b.2. (a) or (b)    
c.    
d. 1. to 5.    
e. 1. and 2.    
Other aspects of the contract
f.    
g.    
h.    
i.    
j.    
k.    
l.    
m.    
n. 1. to 7.    
C. Critical Information Summary
1. General i.    
ii.    
iii. a. to f.    
iv. a. and b.    
v.    
D. Changes to contracts and related documents
1. Changes to key contract terms and conditions during the commitment period i.    
ii.    
iii. a. or b.    
2. i. Changes to key contract terms and conditions after the commitment period    
3. Changes to other contract terms and conditions or related documents i.    
ii.    
4. Information that must be disclosed during offers to change existing contracts i. a. and b.    
E. Bill management
1. Notification – Usage limit i.    
ii.    
2. Data monitoring tools i.    
ii.    
3. i. Notification – Data overage charges    
F. Equipment issues
1. Service calls, including visits to residences for installation and repairs i.    
ii.    
iii.    
2. i. Service outages      
G. Contract cancellation and extension
1. Early cancellation fees – General i.    
ii. a.    
ii. b.
iii. a.    
iii. b.    
iv. a. to c.    
2. Trial period i.    
ii.    
iii.    
iv.    
v. a. and b.    
3. Cancellation date i.    
ii.    
4. Refunds for prepaid services not provided following cancellation i.    
ii.    
5. Contract extension i.    
ii. a. to c.    
H. Security deposits
1. Requesting, reviewing and returning a security deposit i. a. to e.    
ii.    
iii.    
I. Disconnection
1. When disconnection may occur i. a., b., or c.    
ii.    
iii.    
iv. a. to c.    
2. Notice before disconnection i. a., b., or c.    
ii. a. to e.    
iii. a., b., or c.    
iv.    
v.    
3. i. Disputing the reasons for disconnection a.    
b.    
c.    

Q2. Sample Internet service contracts and related documents

In order to assess the content of each ISP’s contracts and related documents and the extent to which they demonstrate compliance with all provisions of the Code, provide the following:

  1. A copy of a sample Internet service contract;
  2. A critical information summary (CIS) for that contract; and
  3. Other related documents that apply to the contract, including terms of service, fair use policies, and privacy policies.

Q3. Training for customer service representatives

In order to assess the actions each ISP has taken to ensure that their customer service representatives are knowledgeable about both ISPs’ and customers’ rights and responsibilities under the Code, including those specifically related to Canadians with disabilities, provide the following:

  1. An overview of the actions you have taken since the Internet Code Policy was published (July 2019) to ensure your customer service representatives are
    1. knowledgeable about ISPs’ and customers’ rights and responsibilities under the Code and able to describe the Code’s provisions;
    2. knowledgeable about ISPs’ and customers’ rights and responsibilities under the Code and able to describe the Code’s provisions that are especially relevant for Canadians with disabilities (e.g. accessible formats, extended trial periods, and availability of sign language videos); and
    3. able to explain recourse options for customers.
  2. Supporting documents as relevant.

Q4. Statistics on complaints escalated to the Commission for Complaints for Telecom-Television Services (CCTS)

As set out in the Internet Code Policy, you must “retain statistics on an ongoing basis on how many customers, out of the total number of customers who make a formal complaint, were informed about the CCTS and provide these statistics to the Commission as part of [the] compliance reports;”

For the period from 1 August 2019 to 30 June 2020, provide the following information:

  1. Explain how you define “formal complaint” in the context of Internet services. For clarity, provide a brief example of a formal complaint and an informal complaint.
  2. How many customers made a formal complaint to you about the Internet services subject to the Code?
  3. How many of these customers (# and %) were informed about the CCTS during the formal complaint process?

If you cannot provide information for the entirety of that timeframe, explain why and provide supporting rationale.

Q5. Internet Code information on ISP websites

  1. Provide prominent links to the Code on your websites, including on the home page and on all pages on which your Internet service plans and offerings are described.
  2. Provide links to the ASL and LSQ videos on your website(s) that (i) promote awareness of the Code and associated rights, (ii) explain terminology that is commonly used in Internet service contracts, and (iii) inform customers about methods to manage data consumption and the typical amount of data required for common Internet activities.

Q6. Internet Code information in ISP stores and kiosks

Provide an example of the information you visually display of the Code-related information that must be available in your stores and kiosks.

Q7. Internet Code bill statement notification

Provide a copy of the notification you were required to send regarding the Code to your customers’ bill statements

  1. in the month in which the Code took effect; and
  2. three months later.

Q8. Internet Code-related tariff amendments (relevant for Northwestel only)

As set out in the Internet Code Policy:

“118. … The Commission therefore directs Northwestel to (i) modify the terms and conditions specified in its tariffs (for regulated services) to reflect the requirements set out in this decision, including in the Internet Code; and (ii) issue revised tariff pages by 31 January 2020.”
  1. Confirm that Northwestel has filed the revised tariff pages as of 31 January 2020.
  2. Provide a link to the revised tariff pages.
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