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Indie ISPs Eyeing Legal Action Against Bell Canada
Company continues to insist it has every right to throttle...
by Karl Bode 10:00AM Wednesday Mar 26 2008
As we've noted over the last few days, Bell Canada has started throttling bandwidth to wholesale partners -- initially without telling them. The anti-competitive move prevents competing ISPs from offering un-throttled service, which is a competitive threat to Bell's own, throttled, residential service. The move has made a large number of Canadian customers and indie ISP operators furious. Bell Canada continues to inform the media there's nothing anyone can do about it. From Canada's Globe and Mail:
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."
Teksavvy CEO Rocky Gaudrault responds to Laszlo's assertion in our forums:
This is the exact problem and where Bell doesn't get it. TekSavvy and all third party ISPs are paying for a "slice" of this network, so no, it's not Bell's at that point. They're paid to make sure the infrastructure remains in good shape, but they're not paid to police it! The flaw in Bell's thought is in their not understanding that we've paid for the right to this space... We've paid for multiple Gig-E connections for the data to flow back to; we've paid for the DSL aggregation interface (AHSSPI) and we're also paying on a per user basis (approx $20/month) to have the data relayed directly back to our main point of Interconnect.

So, in short, no, they don't have rights to this network segment... An easy analogy would be a landlord, who is managing an apartment, gives himself a key to come in and out as he pleases and on top of that decide which tenants friends they let in! I'm not sure about you, but I'm fairly certain, one; the tenant would call the police, but two; you'd land up with a very big black-eye!
Speaking of black eyes, Canadian ISPs like Acanac are telling customers they're considering legal action.

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