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bburley

join:2010-04-30
Cold Lake, AB

Canadian Regulatory Classifications

I have been looking into differences/requirements/obligations between the classifications of "radiocommunication service provider", "radiocommunication carrier", and "telecommunications common carrier".

The most obvious difference between "radiocommunication service provider" and the other two is stricter requirements for proof of Canadian ownership and control. I am wondering if there are other subtle differences that I have not yet discovered.

Then I found an interesting statement made in a document titled "New Developments in Communications Law and Policy - April 26-27, 2002" from the "Eleventh Biennial National Conference sponsered by The Law Society of Upper Canada and The Canadian Bar Association" which says the following;

"The Radiocommunication Act establishes a licensing regime for radio frequency spectrum and radio apparatus. Starting in the mid-1980s with the licensing of cellular telephony, the government began to appreciate that spectrum was a key input to new business concepts, and a very valuable input at that. However, it was only in 1996, with revisions to the Radiocommunication Regulations, that the government added provisions that mirrored for "radiocommunication carriers" the Canadian ownership and control provisions of the Telecommunications Act relating to "telecommunications common carriers." In fact, there was little pressing need for these amendments to the Radiocommunication Regulations as a radiocommunication carrier would almost certainly be classified as a telecommunications common carrier, and thus subject to the Canadian ownership and control requirements of the Telecommunications Act."

I have to wonder about the implications of the phrase "radiocommunication carrier would almost certainly be classified as a telecommunications common carrier" and what effects that may have.

Does anyone have additional insights into differences surrounding these classifications?



CMack

join:2004-07-30
canada

Ahemm...

"radiocommunication carrier"
"radiocommunication carrier" means a person who operates an interconnected radio-based transmission facility used by that person or another person to provide radiocommunication services for compensation;

"radiocommunication service provider"
"radiocommunication service provider" means a person, including a radiocommunication carrier, who operates radio apparatus used by that person or another person to provide radiocommunication services for compensation;

telecommunications common carrier"
"telecommunications common carrier" means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation;

Carry on.


bburley

join:2010-04-30
Cold Lake, AB

I have seen similar definitions but I believe that would be oversimplifying.

For example, radiocommunication service provider is the only one of the three that is not connecting users or subscribers to a PSN (Public Switched Network).

I am trying to uncover other differences.



CMack

join:2004-07-30
canada
reply to bburley

ahhh, I see, well good luck with that, I bet the CRTC doesn't even know. It's so vague it's not funny