Telecom - Commission Letter addressed to the Distribution list

Ottawa, 22 November 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) as well as the responses to the 26 October 2021 request for information^Footnote3 and considers that certain elements require further clarifications. Therefore, you are asked to file answers to the attached questions no later than 6 December 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;
document.control@sasktel.com;
regulatory@sjrb.ca;

Appendix – Request for further information

Section 1.i.a. of the Preamble of the Internet Code states that

“In interpreting the Code: if any part of the Code or a contract for Internet services is ambiguous, or if it is unclear how the terms of the Code or the contract are to be applied, then the Code and the contract must be interpreted in a manner that is favourable to the customer.”

Rule A.1.ii of the Internet Code states that

“A service provider must ensure that its written contracts and related documents, such as privacy policies and fair use policies, are written and communicated in a way that is clear, accessible, and easy for customers to read and understand.”

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

“When a contract is agreed to, a service provider must give the customer a contract that meets all the conditions regarding the content of the contract as set out in provision B.5. A terms of service document is sufficient to meet this requirement only if it contains all of the information required by provision B.5.” (emphasis added)

In setting out this rule, the Commission considered that, as noted in paragraph 198 of the Internet Code Policy, “some ISPs forgo the provision of a contract and rely on terms of service instead, and that individualized documents can be more costly to produce than a single document for all customers.”

Question for Bell

Q1. Information about a policy for a service outage

The sample contract you have provided with your Compliance Report refers to the Bell Terms of Service. The sample welcome email you provided further indicated that both the contract and the Bell Terms of Service documents are provided as part of the order confirmation process. However, Commission staff notes that Bell’s policy for service outages appears to be outlined in the Bell Terms of Service, but not in the sample contract that has been provided.

While the Internet Code considers that a terms of service document could be sufficient if it contained all of the information required by provision B.5., please address the compliance of referring to some of this required information in a customer’s contract and other in a separate terms of service document. Please address it in light of section 1.i.a. of the Preamble and the clarity requirements of rule A.1.ii., detailed above.

Questions for SaskTel

Q1. Provision of the Terms of Service document

SaskTel refers to the SaskTel Internet Terms of Service, with a link to your website, both on page 1 of the sample Consumer Information Summary and sample contract you have provided. Please confirm whether your welcome package to new customers also includes a copy of this document, or any other means for new customers to access this document beyond the provided link.

Q2. Information about a policy for a service outage

The sample contract you have provided with your Compliance Report refers to the SaskTel Internet Terms of Service. However, Commission staff notes that SaskTel’s policy for service outages appears to be outlined in the SaskTel Internet Terms of Service, but not in the sample contract that has been provided.

While the Internet Code considers that a terms of service document could be sufficient if it contained all of the information required by provision B.5., please address the compliance of referring to some of this required information in a customer’s contract and other in a separate terms of service document. Please address it in light of section 1.i.a. of the Preamble and the clarity requirements of rule A.1.ii., detailed above.

Q3. Clarity of terminology

In your response to question 4 of the 26 October 2021 request for information, you stated that your policy regarding service outages is presented on page 698 of your Internet Terms of Service, which states:

“In no event will SaskTel be liable to any customer or subscriber of the Service for any claims or damages, whether based in contract, or in tort (including negligence) or based on any other theory of liability, arising out of directly or indirectly or related to the performance or non-performance of the Internet and/or the delay or inability for any reason, in being able to access the Canadian backbone. In no event will SaskTel be liable to a customer or subscriber of the Service for any indirect, consequential, special, incidental, punitive, exemplary or aggravated, or other similar damages of any kind, whether reasonably foreseeable by SaskTel or not, arising directly or indirectly in any manner from the performance or non-performance of the Internet and/or a delay or inability for any reason in being able to access the Canadian backbone or the Internet.” (emphasis added)

Please address how the term of art “performance or non-performance of the Internet” in describing your policy regarding service outages could be considered to be written and communicated in a way that is clear, accessible, and easy for customers to read and understand, as required by rule A.1.ii., detailed above.

Questions for Shaw

Q1. Provision of the Terms of Service document

On page 4 of the sample contract you have provided, the Shaw Cable Joint Terms of Service is listed as a related document. Please confirm whether your welcome package to new customers includes a copy of this document, a link to this document, or any other means for new customers to access this document.

Q2. Information about a policy for a service outage

The sample contract you have provided with your Compliance Report refers to the Joint Terms of Service. However, Commission staff notes that Shaw’s policy for service outages appears to be outlined in the Joint Terms of Service, but not in the sample contract that has been provided.

While the Internet Code considers that a terms of service document could be sufficient if it contained all of the information required by provision B.5., please address the compliance of referring to some of this required information in a customer’s contract and other in a separate terms of service document. Please address it in light of section 1.i.a. of the Preamble and the clarity requirements of rule A.1.ii., detailed above.

Date modified:

2021-11-22