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Telecom - Commission Letter addressed to the Distribution List

Ottawa, 26 October 2021

Our reference: 1011-NOC2018-0422

BY E-MAIL 

To: Distribution list

RE: Internet Code – 2021 Compliance Reports – Request for further information

Dear Madam, Sir,

This letter sets out follow-up questions about the compliance with the Internet Code.Footnote1 On 2 August 2021, Commission staff sent a letter, titled Internet Code – 2021 Compliance Reports, Footnote2 which set out specific questions for Internet service providers to answer in their 2021 Compliance Reports for the Internet Code. These reports were due by 31 August 2021.

Commission staff has reviewed your 2021 Internet Code Compliance Report (Compliance Report) and considers that certain elements require further clarifications. Therefore, you are asked to file answers to the attached questions no later than 12 November 2021.

As set out in Broadcasting and Telecom Information Bulletin 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, service providers may designate certain information as confidential. Service providers 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 service providers’ compliance with the Internet 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 Guillaume Leclerc, Senior Policy Analyst, Social and Consumer Policy, at guillaume.leclerc@crtc.gc.ca.

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;
rwi_gr@rci.rogers.com;
ruth.altman@rci.rogers.com;
document.control@sasktel.com;
regulatory@sjrb.ca;
regulatoryaffairs@nwtel.ca;

Appendix – Request for further information

Questions for Bell

Q1. Critical Information Summary (CIS)

Rule C.1.iv.b. of the Internet Code states that

“A service provider must ensure that the Critical Information Summary is clear and concise (does not exceed two pages), uses plain language, and is in an easily readable font.” (our emphasis)

In your Compliance Report, you submitted that you are making updates to your CIS to eliminate spillover cases where the CIS presents a standalone Internet Services order and that you expect these changes to be in place by 31 January 2022. Could you confirm that you will file any relevant update on that process at that time?

Q2. Notice before disconnection

Rule I.2.iv. of the Internet Code states that

“A service provider must notify a customer of the specific terms leading to further suspensions or disconnection should the customer not pay according to the terms in their promise-to-pay agreement.”

In your Compliance Report, you stated that

“At the time a customer enters into a promise-to-pay agreement, they are advised verbally of the specific terms leading to further suspensions or disconnections should they fail to pay in accordance with the promise-to-pay agreement.  Consequences of failure to pay are also set out in Section 66 ("Can Bell suspend or cancel Bell Services?"). In addition, Bell Canada customers receive written reminders over the life of the promise-to-pay arrangement that reiterate the consequences of failure to pay.” (Emphasis added.)

Please address whether customers are only informed verbally of the specific terms leading to further suspensions or disconnections should they fail to pay in accordance with the promise-to-pay agreement when they first enter into this agreement. If so, please address how receiving information in this manner only is compliant with rule I.2.iv. of the Internet Code.

Q3. Accessibility of websites

In your Compliance Report, you stated that

“[…] With respect to accessibility of data monitoring tools, data monitoring tools offered by Bell Canada are accessible for customers with disabilities on Bell Canada’s website and on Bell Canada’s mobile app.  Data monitoring tools offered by Virgin are accessible for customers with disabilities on Virgin’s mobile app. We are in the process of upgrading our Virgin, Maskatel and Northwestel websites to, among other things, ensure that they are accessible to customers with disabilities.” (Emphasis added.)

Commission staff commends Bell for ongoing work to ensure their consumer facing resources are accessible to customers with a disability.

Please provide more information about the changes that are being undertaken to ensure that your Virgin, Maskatel and Northwestel websites are accessible to customers with disabilities and how they will ensure your websites are more accessible.

Questions for Cogeco

Q1. Early cancellation calculation

Rule B.5.i.d.2. and 3. of the Internet Code state that

“Contracts must set out all the information listed below in a clear manner: if applicable

  1. the total early cancellation fee;
  2. the amount by which the early cancellation fee will decrease each month”

In the sample contract you have submitted with your Compliance Report, you state that

“cancellation indemnities of $75 per product and up to $225 if you terminate a service or your Agreement prior to the end of the Promotion Period or Guaranteed Savings Period. Services based upon use (VOD, pay television, long-distance phone calls, etc.) shall be invoiced based upon use.”

Please address how this complies with rules B.5.i.d.2. and 3 of the Internet Code.

Q2. Customer-initiated changes to the contract

Rule B.5.i.l. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: whether amending a contract term or condition, including changing the contract or promotion, would

The sample contract you have submitted with your Compliance Report does not appear to address whether a consumer initiated change to their contract could change the above-mentioned aspects of their contract. Please address how you inform customers of your policies with regard to customer-initiated changes.

Q3. Reference to the Internet Code in the contract

Rule B.5.i.n.7. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: where customers can find information about the Internet Code.”

In the sample contract you have submitted with your Compliance Report, it appears that there are no references to the Internet Code. Please address how this complies with Rule B.5.i.n.7. of the Internet Code.

Q4. Policy regarding service outages

Rule F.2. of the Internet Code states that

“A service provider must explain in its contracts and related documents its policy for service outages and how rebates will be applied.”

It appears that no reference to your policy regarding service outages are made in the sample contract you submitted with your Compliance Report. Confirm whether you have a policy regarding service outages and address how customers are informed of this policy regarding service outages.

Q5. Contract Extension

Rule G.5.i. of the Internet Code states that

“To ensure that customers are not disconnected at the end of the commitment period, a service provider may extend a contract, with the same rates, terms, and conditions, on a month-to-month basis.”

Staff could not find information to this effect in the sample service agreement you have submitted with your Compliance Report. Please confirm that you comply with this requirement and address how customers are made aware of your policies to this effect.

Q6. Changes to contract and related documents

In your Compliance Report, you stated that

“In 2020, Cogeco’s verification following the implementation of the Internet Code revealed that its bill management system was unable to generate an updated contract in all cases of changes. Cogeco is working on correcting this deficiency. Cogeco commits to adding the notice regarding the customer’s right to receive an updated contract that reflects any change as of the next notice of change that will be sent to customers.”

Can Cogeco commit to inform the Commission when this issue is resolved and the next notice of change has been issued?

Questions for Eastlink

Q1. Early cancellation calculation

Rule B.5.i.d.2. and 3. of the Internet Code state that

“Contracts must set out all the information listed below in a clear manner: if applicable

  1. the total early cancellation fee;
  2. the amount by which the early cancellation fee will decrease each month”

In the sample contract you have submitted with your Compliance Report, it is noted that the early cancellation fee would be $15 per full month remaining in the contract. Please address how this complies with rules B.5.i.d.2. and 3 of the Internet Code.

Q2. Critical Information Summary (CIS)

Rule C.1.iv.b. of the Internet Code states that

“A service provider must ensure that the Critical Information Summary is clear and concise (does not exceed two pages), uses plain language, and is in an easily readable font.” (our emphasis)

In your Compliance Report, you submitted that you have initiated a review of your Welcome Email to further simplify and ensure that all CIS requirements are within the first two pages and expect to complete these changes by 30 September 2021. Could you provide any relevant updates on this review process?

Q3. Contract Extension

Rule G.5.i. of the Internet Code states that

“To ensure that customers are not disconnected at the end of the commitment period, a service provider may extend a contract, with the same rates, terms, and conditions, on a month-to-month basis.”

The sample agreement you have filed with your Compliance Report appears to indicate that the extension of their contract will be at the then current market price. Please address how this is compliance with rule G.5.i. of the Internet Code.

Q4. When disconnection may occur

Rule I.1.i.a. of the Internet Code states that

“If the grounds for disconnecting a customer are failure to pay, a service provider can disconnect a customer’s postpaid service only if the customer fails to pay an account that is past due, provided that it exceeds $50 and has been past due for more than two months.”

In your Compliance Report you stated that

“The past due amount for all Eastlink customers prior to disconnection for non-pay exceed $50 and the majority of disconnections take place when a customer is close to two months past due. As a result of Telecom Decision 2021-177 Eastlink has initiated a system change to ensure disconnection only occurs when the customer is past due for more than two months. These changes have proven to be significant considering the billing system changes required, and the operational changes to support the necessary updates.”

Commission staff notes that Telecom Decision 2021-177 denied Xplornet’s application to review and vary rule l.1.i.a. contained in Telecom Regulatory Policy 2019-269. As such, this rule has remained unchanged since the publication of that policy on 31 July 2019 and came into effect on 31 January 2020.

Please provide further details on the extent of the changes required, the progress made to this date as well as the expected completion date for this change.

Further, please address any work you may have undertaken relating to this issue prior to the issuance of Telecom Decision 2021-177 on 19 May 2021.

Q5. Notifications regarding the Internet Code

Paragraph 468 of the Internet Code Policy states that

“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

In your Compliance Report, you stated that notices were sent out in May and November 2020. Please address whether any subsequent notices were issued in 2021, including which month they were issued in.

Questions for Rogers

Q1. Customer-initiated changes to the contract

Rule B.5.i.l. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: whether amending a contract term or condition, including changing the contract or promotion, would

The sample contract you have submitted with your Compliance Report does not appear to address whether a consumer initiated change to their contract could change the above-mentioned aspects of their contract. Please address how you inform customers of your policies with regard to customer-initiated changes.

Q2. Notification – Usage limit

Rule E.1.i of the Internet Code states that

“A service provider must notify a customer at least once when the customer reaches 75% of their usage limit, and again when they reach 90% of their usage limit, within a single monthly billing cycle.”

In your Compliance Report, you noted that

“Rogers notifies customers when they approach their data usage limits.  At 75% of usage, customers receive an email notification as well as a web browser notification, and at 90% of usage they receive a web browser notification. Rogers notifies customers when they reach 100% of their usage limit within a single billing cycle, through an email and web browser notification.” (Emphasis added.)

Please address how you can ensure that a notification issued through a web browser notification is in fact received by a customer. Further, address how you ensure that it is received by an account holder or authorized user, which are the customers as defined in the Internet Code.

Questions for SaskTel

Q1. Early cancellation calculation

Rule B.5.i.d.2. and 3. of the Internet Code state that

“Contracts must set out all the information listed below in a clear manner: if applicable

  1. the total early cancellation fee;
  2. the amount by which the early cancellation fee will decrease each month”

In the sample contract you have submitted with your Compliance Report, it is noted that the early cancellation fee would be $15 per full month remaining in the contract. Please address how this complies with rule B.5.i.d.2. and 3 of the Internet Code.

Q2. Customer-initiated changes to the contract

Rule B.5.i.l. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: whether amending a contract term or condition, including changing the contract or promotion, would

The sample contract you have submitted with your Compliance Report only appears to address the above in the context of a customer potentially being subject to an early cancellation fee if they ask for a downgrade in service. Please address how you fully inform customers of your policies with regard to customer-initiated changes.

Q3. Reference to the Internet Code in the contract

Rule B.5.i.n.7. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: where customers can find information about the Internet Code.”

In the sample contract you have submitted with your Compliance Report, it appears that there are no references to the Internet Code. Please address how this complies with Rule B.5.i.n.7. of the Internet Code.

Q4. Policy regarding service outages

Rule F.2. of the Internet Code states that

“A service provider must explain in its contracts and related documents its policy for service outages and how rebates will be applied.”

It appears that no reference to your policy regarding service outages are made in the sample contract you submitted with your Compliance Report. Confirm whether you have a policy regarding service outages and address how customers are informed of this policy regarding service outages.

Q5. Contract Extension

Rule G.5.i. of the Internet Code states that

“To ensure that customers are not disconnected at the end of the commitment period, a service provider may extend a contract, with the same rates, terms, and conditions, on a month-to-month basis.”

The sample agreement you have filed with your Compliance Report appears to indicate that the extension of their contract will be at the then current market price. Please address how this is compliance with rule G.5.i. of the Internet Code.

Questions for Shaw

Q1. Customer-initiated changes to the contract

Rule B.5.i.l. of the Internet Code states that

“Contracts must set out all the information listed below in a clear manner: whether amending a contract term or condition, including changing the contract or promotion, would

The sample contract you have submitted with your Compliance Report does not appear to address whether a consumer initiated change to their contract could change the above-mentioned aspects of their contract. Please address how you inform customers of your policies with regard to customer-initiated changes.

Q2. Policy regarding service outages

Rule F.2. of the Internet Code states that

“A service provider must explain in its contracts and related documents its policy for service outages and how rebates will be applied.”

It appears that no reference to your policy regarding service outages are made in the sample contract you submitted with your Compliance Report. Confirm whether you have a policy regarding service outages and address how customers are informed of this policy regarding service outages.

Q3. Contract Extension

Rule G.5.i. of the Internet Code states that

“To ensure that customers are not disconnected at the end of the commitment period, a service provider may extend a contract, with the same rates, terms, and conditions, on a month-to-month basis.”

The sample agreement you have filed with your Compliance Report appears to indicate that the extension of their contract will be at the then current market price. Please address how this is compliance with rule G.5.i. of the Internet Code.

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