Telecom - Staff Letter addressed to the Distribution List

Ottawa, 15 March 2023

Reference(s): 1011-NOC2016-0293

BY E-MAIL

Distribution List

Subject: Wireless Code– 2023 Compliance Reports

Wireless Service Provider,

This letter sets out the questions you are to answer in your 2023 annual Wireless Code compliance report, due by 31 March 2023.

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 appendix of this letter sets out questions that all WSPs must answer when submitting their 2023 Wireless Code compliance reports. Companies that operate flanker brands must file responses on behalf of these brands in addition to their primary brands.

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,

Nanao Kachi
Director, Social and Consumer Policy

Appendix - Questions for all WSPs

Question 1. 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.”

For the period from 1 January to 31 December 2022, provide the following information, reporting separately for each of your brands.

1. 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.
2. The number of individual and small business customers that made a formal complaint about their retail mobile wireless service.
3. The number of customers that made a formal complaint that were provided with information about the CCTS during the complaint process.

Question 2. 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 or your compliance with specific rules ? If so, please provide a detailed explanation of the changes.

Question 3. 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.

Question 4. 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:

1. A copy of an example contract;
2. A critical information summary (CIS) for that contract; and
3. Other related documents that would generally apply to a postpaid contract, including terms of service, fair use policies, and privacy policies.
4. As applicable: if the contracts, CIS, and other related documents you provide differ depending on whether the customer has selected a multi-user planv or an individual plan, provide copies of items a-c above for both.
5. 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.

Question 5. 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:

1. A copy of an example contract; and
2. Other related documents that apply to the contract, including terms of service, fair use policies, and privacy policies.
3. 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. 
4. 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.

Question 6. Notifications and consent

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

1. seeking consent from the account holder or an authorized user 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 from the account holder or an authorized user since your last compliance report, provide an overview of the changes.

Question 7. Promotion of the Wireless Code

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

1. 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.
2. 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).
3. an example of the information you visually display from the consumer checklist in your stores and kiosks.
4. the notification you include in customers’ billing statements regarding the consumer checklist.iv

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.

Question 8. 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:

1. a list of the WSP resellers; and
2. 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.

Question 9. MSRP

Explain how you:

1. collect and update MSRP data on a monthly basis, and 
2. retain historical MSRP data to make it available to the Commission for Complaints for Telecom-television Services upon request.

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.

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.

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.

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

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).

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.”

Date modified:

2023-03-15