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bklass
Premium Member
join:2012-02-06
Canada

bklass

Premium Member

AUP & Transparency - feedback appreciated.

So I've been having a discussion on the MTS "community forum" about their excessive use policy (EUP, otherwise known as "everyday user punishment). Long story short, prior to the wireless code they changed their EUP for wireless, from throttling during peak hours to 24-7 throttling (once past data cap for unlimited plans).

I haven't been able to get an answer on the forum, nor have I been able to find one on the website, in terms of

a. speeds to which customers are throttled;
b. justification for this throttling, beyond "we reserve the right to manage our network so you get the best experience" or some such.

Looking at other wireless carriers' websites, it seems that this practice is pervasive. That is, institute EUPs with little to no information available to customers.

As I'm sure you're all well aware, the CRTC requires ITMPs to be "transparent." There are several specific requirements, the most relevant of which in this case being (IMO) carriers' responsibility to inform customers:

"how the ITMP will affect a user’s Internet experience, including the specific impact on speeds."

Rogers' terms of service does not actually include any information about their technical ITMPs; the links to network management and excessive use in the ToS are dead/redirect to marketing pages.

So, here's the idea: what do we know about disclosure around technical ITMPs, specifically EUPs, for wired and wireless services? Are the carriers compliant? The obvious answer is no, but it would be good to compile some substantive evidence to show who follows/breaks which rules - something that could in the future be brought to the CRTC in aid of ITMP enforcement/audits/compliance.

Any interest? Feedback appreciated.

andyb
Premium Member
join:2003-05-29
SW Ontario

andyb

Premium Member

Are ITMP's even covered under wireless code? Thought it was wired only
bklass
Premium Member
join:2012-02-06
Canada

1 recommendation

bklass

Premium Member

No, they are covered under the ITMP Framework. The reason I mentioned the Wireless Code is that MTS instituted the changes prior to its coming into effect, which means that they did not trigger the requirement to obtain customer consent for changes to key contract terms and conditions. (There were some questions earlier as to when this change came into effect - it appears to have been instituted before both the CRTC Wireless Code and Manitoba's new consumer protection law.)

The CRTC's ITMP framework applies equally to wired and wireless carriers.

Update: MTS responded to my query shortly after I posted this thread - they've acknowledged that they're throttling to 512Kbps down, 128Kbps up after 15GB of use on unlimited wireless plans, and have committed to update the website with this information.

See: »community.mts.ca/mts/top ··· 15115951

Still, I think it would be a good idea to begin gathering information on other providers' transparency practices viz. ITMPs. This is work I will be conducting over the coming months, and thought it would be a good idea to seek input from the community!