Memorandum of Understanding Between the Canadian Radio-television and Telecommunications Commission and The Body of European Regulators for Electronic Communications

Considering that the Canadian Radio-television and Telecommunications Commission (hereinafter referred to as “CRTC”) with headquarters at 1 Promenade du Portage, Gatineau, Quebec, J8X 4B1, is an independent Canadian government agency serving as the national telecommunications and broadcasting regulatory authority for Canada;

Considering that the Body of European Regulators for Electronic Communications (hereinafter referred to as “BEREC”), with an Office at Z.A. Meierovica boulevard 14, 2nd Floor, Riga LV-1050, Latvia, is an independent European Union (EU) body consisting of the National Regulatory Authorities (“NRA”) for the electronic communications sector from the Member states of the European Union, candidate countries and European Economic Area states, the EFTA Surveillance Authority and the European Commission as observers, and facilitates the consistent application of the telecommunication rules throughout the European Union;

Considering that both the CRTC and the BEREC (each referred to individually as “participant” and collectively as “participants”) have an interest in effective telecommunications regulation that promotes competitive markets, technological innovation, and value for consumers;

Considering that both the CRTC and the BEREC wish to state their intent to form a cooperative relationship, as outlined in this Memorandum of Understanding (hereinafter referred to as “MOU”);

Now, therefore, the CRTC and the BEREC have reached the following understanding:

1. Purpose

The purpose of this MOU is to encourage a cooperative relationship between the participants that supports their respective efforts to address current and future regulatory challenges in both Canada and Europe, as well as to develop collegial working relationships between experts representing both participants.

2. Areas of Cooperation

  1. Cooperative Activities

    The activities may include, but are not limited to, roundtable discussions on relevant regulatory issues, presentations in which regulators describe regulatory approaches and their effectiveness, and the exchange of working papers. Such activities may be conducted via videoconference or in-person meetings between experts representing both participants.

  2. Regulatory Issues

    The participants intend to determine by mutual arrangement the regulatory issues to be address through their cooperative relationship and those issues may include, but are not limited to, the issues described in Annex 1.

3. MOU Implementation

  1. Cooperative Activities

    The participants intend to make the necessary arrangements to ensure implementation of their cooperative activities, as outlined in this MOU.

  2. Communication

    The participants intend to communicate regarding accomplishments related to this MOU.

  3. Rules and Procedures

    Each participant intends to operate according to its respective rules and procedures.

4. Costs

The costs for each participant resulting from the implementation of this MOU will be borne by each one of them.

5. General Provisions

  1. Duration

    The participants intend to carry out their cooperative activities for a period of two (2) years following the signature of this MOU by both participants (the “initial period”). After the initial period, the MOU can be extended for a further two (2) years. Either participant may provide advance written notice of its intention to cease cooperative activities under this MOU.

  2. Modification

    The participants may modify and/or amend this MOU at any time by mutual written consent.

  3. Communications Regarding MOU

    For the purposes of communications or notices with respect to this MOU, the CRTC will be represented by the Chairperson and the BEREC will be represented by its sitting Chair. Both participants may designate other representatives.

  4. Legal Enforceability

    This MOU is not intended to create legal and binding obligations for either participant, but is a statement of the participants’ intent to form a cooperative relationship.

6. Signatures

Signed in duplicate in Portorož, Slovenia, on 4 October 2018, in the English and French languages, each version being equally valid.

Ian Scott

Chairperson and Chief Executive Officer, Canadian Radio-television and Telecommunications Commission

Johannes Gungl

Chairman, Body of European Regulators for Electronic Communications (BEREC)

László Ignéczi

Administrative Manager of the Office of the Body of European Regulators for Electronic Communications (BEREC Office)

Annex 1

Regulatory Issues to be addressed

The CRTC and BEREC jointly accept a cooperative relationship that supports regulatory issues and/or areas of interest such as:

  1. Next Generation Access and Broadband Development, including copper retirement, future investment stimulation, and new technological approaches.
  2. Consumer Protection, including consumer education and empowerment, and best practices for promoting equivalent access for vulnerable consumers.
  3. Free Flow of Information / Network Neutrality and Open Internet, including the assessment of evolving approaches to traffic management, zero-rating, quality of service, and transparency.
  4. Competition in Markets, including wholesale wireline and wireless frameworks, and pro-competitive regulation to promote investments.
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