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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