said by me :

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Konrad von Finckenstein, Chairman
C.R.T.C.
Ottawa, ON
K1A 0N2

March 26, 2008

Dear Mr. von Finckenstein,

Re: Bell Canada – Throttling of 3rd Party DSL Providers

It has recently been revealed that Bell Canada has implemented technologies that are unilaterally throttling the internet connections provided by 3rd party internet providers who utilize Bell Canada’s Nexxia network to backhaul connections between the customer and the ISP.

Moreover, Bell Canada chose to implement these technologies without advising those who would be directly affected by the changes; specifically 3rd party internet providers and their customers. The actions taken by Bell Canada effectively dictate what type of service can be provided by 3rd party providers who must utilize Bell’s network because there is no other cost effective alternative (the capital required to duplicate the Bell network would be absolutely staggering).

To make it clear, Bell Canada has imposed unilateral limitations on upon 3rd party providers by selectively throttling the bandwidth provided to their customers as it transits through Bell’s Nexxia network. It has been shown that the bandwidth is being selectively shaped to affect certain transfer protocols, while having no impact upon other protocols.

I would imagine that once challenged on the subject, Bell will contend that their system does not affect legitimate internet traffic (likely construed as HTTP (web) and SMTP (email) traffic). However there are other protocols that are utilized for legitimate purposes beyond web and email traffic. Even some highly contentious P2P protocols, such as bittorrent, are utilized for legitimate purposes, as evidenced by the recent decision by the CBC to release Canada’s Next Great Prime Minister for free using bittorrent. In addition to its obvious effect upon P2P protocols, the throttling system implemented by Bell is affected other protocols which are critical to my ability to work and communicate with others and enjoy the product which I have purchased from Teksavvy Solutions Inc. I work from home and depend on a Virtual Private Network (VPN) connection to access information at work and make use of VOIP services to communicate with others. These services are virtually useless with the technology that has been implemented. Since the throttling was introduced I have encountered problems trying to work from home and use my VOIP telephone, not to mention the fact that I cannot play online games anymore due to the degradation of my internet service by the throttling introduced by Bell.

Bell clearly enjoys a dominant position in providing telecommunications (phone and internet) services to Canadians in Ontario, Quebec and beyond. As a result, it is clearly a controversial move on their part to impose a system which limits that ability of other companies to provide a service to their customers as they see fit, and compete based on that product alone. It is a direct result of Bell’s dominance that the imposition of these new technologies is so egregious and anti-competitive. This move appears to strike at the very foundation that was built by the CRTC to ensure fair competition and access to legitimate telecommunications alternatives for Canadian consumers.

I am sure that your Commission is concerned about the apparent move on Bell’s part to undermine the equitable playing field that you have worked to construct for both Canadian businesses and consumers. It is my hope that you will use whatever means possible to ensure that Bell rescinds the implementation of these throttling technologies on their network, as 3rd party providers have no other alternative through which to provide internet services via DSL technology to the Canadian consumer.

If I may iterate, as the regulating body of tariffed telecommunications services in Canada (of which Bell is a provider in this particular circumstance), your body has an obligation to ensure that the rules that have been established by your Commission are not breached. If it is shown that a breach has occurred through the implementation of throttling technologies on the wholesale connectivity provided to 3rd party providers, your Commission must act to rectify the situation and punish the offending party.

The future of network neutrality and real alternatives for Canadian consumers rests in your Commissions hands. I will be monitoring the subsequent actions your Commission takes and hope you will act in the best interests of Canadians.

Yours truly,

Willy_ph

Cc: Hon. Jim Prentice, Minister of Industry
Hon. Josée Verner, Minister of Canadian Heritage
Rick Norlock, MP Northumberland – Quinte West
Scott Brison, MP Kings – Hants
Peggy Nash, MP Parkdale – High Park
Bill Siskay, MP Burnaby – Douglas
Rocky Gaudrault, President & CEO – Teksavvy Solutions Inc.
Michael J. Sabia, President – BCE Inc.

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said by me :

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Sheridan Scott, Commissioner
Competition Bureau
50 Victoria St.
Gatineau, QC
K1A 0C9

March 26, 2008

Dear Ms. Sheridan,

Re: Abuse of Dominant Position – Bell Canada

It has recently come to light that Bell Canada has implemented technologies that effectively limit the ability of 3rd party wholesalers to provide a service to their clients free of interference and did so without any warning of their impending action. The technologies in question throttle the bandwidth provided by a 3rd party ISP to their clients, who utilize the “last mile” of copper infrastructure owned by Bell Canada. These 3rd parties have established contracts with Bell Canada who’s only obligation is to provide an interface to backhaul information from my household to a central point (in this case the network facilities at 151 Front St., Toronto, ON) at which point it is handed off to my ISP.

What has recently been revealed is the fact that Bell Canada is utilizing traffic shaping technologies to interfere with my internet connection as it is backhauled to my ISP (Teksavvy Solutions Inc., based in Chatham, ON). These throttling technologies affect only certain internet protocols, which Bell Canada must feel are illegitimate uses. Let me make it clear, I am not an internet service subscriber with Bell Canada, nor do I wish to be. The only responsibility Bell has in relation to my internet service is to ensure that the information is transferred from my modem, across the “last mile” to my ISP.

It is obvious that Bell Canada enjoys a dominant position in the telecommunications market place. This fact cannot be disputed. In the past there were legitimate reasons for Bell Canada to exist as a monopoly. However, those times have passed us by. What we must now ensure is that their dominant position is not utilized to exercise undue interference in the marketplace. Unfortunately, it appears that this may be the case.

Bell has been directed by the CRTC to allow 3rd party internet providers access to their “last mile” of copper infrastructure so alternative telecommunication products are available to the market. 3rd party providers establish contracts, governed by CRTC regulations, with Bell to access this “last mile” and consumers subsequently engage in relationships with these 3rd parties to purchase a product. It is not expected, by the 3rd party providers or their customers that Bell will influence the service that they provide or purchase. The only limitation that should be imposed on the service are those that the providers impose themselves. What Bell Canada has effectively done, by implementing these technologies, is mandated to 3rd party providers what type of service they can provide to their clients. I purchased a product from my provider under the impression that only they would impose limitations on the service, and with due warning if changes were to occur.

Bell Canada, however, has utilized their dominant position to unilaterally alter the service to which I subscribe and without notification, to either me or my provider. This is an absolutely unacceptable action on their part and one that must not be allowed to stand. This decision on Bell’s part effectively stifles competition, as it affects any DSL provider who contracts with Bell to provide wholesale access to the “last mile” (effectively all DSL providers due to the monopoly over the copper infrastructure).

I ask that your Commission investigate the actions that Bell has pursued and order them to reverse the implementation of the throttling technologies, as they look inherently anti-competitive. I selected my specific ISP because they do not throttle, or impose bandwidth limitations on my internet service. My ISP has established a business structure that allows them to offer a service that is neither throttled, nor subject to bandwidth caps. Bell has concretely, substantially, and without authorization, altered the service that I purchased.

I call upon the Competition Bureau to investigate these recent actions and order Bell Canada to reverse their implementation.

Yours truly,

Willy_ph

Cc: Hon. Jim Prentice, Minister of Industry
Hon. Josée Verner, Minister of Canadian Heritage
Rick Norlock, MP Northumberland – Quinte West
Scott Brison, MP Kings – Hants
Peggy Nash, MP Parkdale – High Park
Bill Siskay, MP Burnaby – Douglas
Rocky Gaudrault, President & CEO – Teksavvy Solutions Inc.
Michael J. Sabia, President – BCE Inc.

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Network carriers such as Bell argue that bandwidth-intensive applications, such as peer-to-peer file transfer programs clog their networks, which results in slow connections for the rest of their customers,

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Teksavvy touts unlimited bandwidth use as a selling point to its customers, and has become a favourite ISP for peer-to-peer and torrent users in Ontario.

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Bell irks ISPs with new throttling policy
MATT HARTLEY

Globe and Mail Update

March 25, 2008 at 8:05 PM EDT

Rocky Gaudrault wants Bell Canada to take its hands off his customers' data.

The chief executive officer of Teksavvy Solutions Inc., an Internet service provider (ISP) based in Chatham, Ont., says a new plan from Bell to “manage” the Internet traffic on his network is compromising the service he offers his customers.

For more than a year, Bell and other Canadian ISPs have utilized “shaping” techniques, essentially slowing down certain kinds of Internet activity on their networks while giving priority to other data. Most of the traffic being shaped is peer-to-peer traffic, which is used to transmit large files, such as movie files.

Until recently, Bell did not shape or restrict the Internet traffic of third-party ISPs, which rent network access on the company's cables and infrastructure.

But last week, some of Mr. Gaudrault's 21,000 high-speed Internet clients began to report their connections were slowing down, and they wanted to know why. That's when he discovered Bell was restricting the torrent and peer-to-peer traffic of Teksavvy customers.

“They [Bell] are screwing with our data, which is not their property,” he said. “Every single third-party ISP in Canada is going to be affected by this.”

Network carriers such as Bell argue that bandwidth-intensive applications, such as peer-to-peer file transfer programs clog their networks, which results in slow connections for the rest of their customers, similar to how a slow-moving tractor trailer can impede the flow of traffic on a highway.

Bell Canada spokesman Jason Laszlo said the company has every right to limit the amount of bandwidth certain applications can consume on its networks and those it rents to third-party ISPs.

“This isn't a new policy,” he said. “Our agreements with wholesale ISP customers clearly include provisions regarding our rights to manage our networks appropriately to the benefit of all customers.”

Bell began implementing its third-party ISP traffic shaping policy on March 14 and plans to have the program implemented across its entire network by April 7.

Teksavvy touts unlimited bandwidth use as a selling point to its customers, and has become a favourite ISP for peer-to-peer and torrent users in Ontario.

According to the company's website, its high-end residential DSL package offers download speeds of up to 5 megabytes a second.

However customers are reporting that during peak hours – between 4 p.m. and 2 a.m. – peer-to-peer download speeds have fallen to between 30 and 60 kilobytes a second, Mr. Gaudrault said.

Teksavvy has purchased its network access from Bell since it was founded 10 years ago, and the move comes as a “slap in the face,” he said.

“They've given themselves the right to data which isn't theirs and obviously in my mind that is an issue and they seem to not think so,” he said. ??

Mr. Gaudrault has already contacted other third-party ISPs that deal with Bell about their next move, which could involve setting up their own infrastructure, but they have yet to make any plans.??

Proponents of the unwritten code of Net Neutrality contend that all Internet traffic must be treated equally and that ISPs shouldn't be allowed to restrict the flow of any online data.

Estimates vary, but analysts believe peer-to-peer and torrent traffic accounts for anywhere from 70 to 90 per cent of online bandwidth use, but emanates from as few as 5 to 10 per cent of all users.

In addition to peer-to-peer and torrent traffic, ISPs are experiencing bandwidth shortages due to the increased use of video sites such as YouTube and the growing popularity of voice over Internet protocol (VoIP) telephony.

Rogers Communications Inc. has shaped traffic on its own networks since 2005, but a spokeswoman for the company could not say whether it also shapes third-party ISP traffic.

Telus Corp. has stated it does not manage or shape any of the traffic on its networks.

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Bell Canada is slowing down access on its Sympatico internet servers for users who file share during prime time to prevent them from clogging the network, a spokesman said Tuesday.

Bell began the process, which it calls managing the bandwidth capacity but which is widely known as "throttling," on March 14. The company plans to have it rolled out across the Sympatico service area — Quebec and Ontario — by April 7, spokesman Jason Laszlo said.

It will be in effect during the peak period for internet use in late afternoon and the evening, he said. For people sharing files, the system "will simply not work as fast." But other users will not be delayed.

Bell, like other internet service providers, says it has capacity problems caused by person-to-person (P2P) file-sharing systems such as BitTorrent, which can be used to download movies, music and games. "We're certainly not unique in this," Laszlo said, adding that other service providers are managing P2P downloads.

P2P programs are only employed by a small percentage of internet users, but they tend to make use of all the available bandwidth, Laszlo said. Reduced P2P use should provide a better balance between P2P and other users at peak times, he said.

"I feel we're on the side of good," he said.

However Rocky Gaudrault, CEO of internet service provider Teksavvy, said Bell's move "may hinder a lot of legitimate downloading."

Bell has not officially announced the throttling initiative, but Gaudrault found out about it last week and said Bell confirmed the move in a meeting he attended Tuesday.

People watching the impact of Bell's new policy have begun to chart affected areas on a Google map, and University of Ottawa law professor and web commentator Michael Geist raised the matter in his blog.

Gaudrault said there could be privacy issues related to the throttling of specific types of internet traffic, but Laszlo denied that. "At no time do we monitor the content," he said.

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