TekSavvy → Re: [Cable] Direct Interference by Rogers with my TS Cable

I think you're probably right regarding the audit - the other cable coming in from the street was also unhooked, but the wire was visibly corroded, while mine was still shiny since it had been plugged in up until last week - I can't fathom any other reason that they would have been into the box if they weren't hooking up the other tenant here.

They are supposed to put a sticker on your wire stating you are on a TPIA. If you get to talk to the tech who comes to reconnect you be sure to remind him of this.

Yeah, my wire does have a big plastic tag that says TPIA on it too - that's what galls me the most about them unhooking it. It'd be one thing if it were unlabelled or ambiguous, but it's very clearly marked.

This is a long standing issue. Right from day 1 they've done this nonsense, and despite complaints from the TPIAs they carry on.

It comes from the fact that the TPIA stuff is independent of the cable stuff (even though cust service calls escalated by the TPIAs go through Rogers email support staff). So, the cable folks do the audits and don't check for TPIA.

The fact that this happened despite the TPIA tag is definitely an issue. We along with CNOC currently have a case before the CRTC to attempt to prevent these kinds of issues. As we have your information from your direct post, I'm forwarding off your issue internally to see if it might be something for our escalations team to work with.

I'm glad you're back online though, and thank you for bringing this to our attention!

Thanks Keith, if you need anything further from me please do let me know.

It's a nasty issue alright, and to be honest there either needs to be a modification to the criminal code on it under the deprivation of services section, or the CRTC needs to be laying fines against the incumbents. In either case, getting MP's involved will probably be needed.

I think TekSavvy made a public call for customers who had this issue sometime late last year?

Aha, wasn't TekSavvy, it was resa:
»TPIA tagged, but still disconnected? Share your story

No modification is required.
It's covered under mischief to data.

»laws-lois.justice.gc.ca/ ··· 430.html

I have already spoken to Toronto Police about this. When the cut occurs, you have to prove the cable was disconnected by Rogers, why, when, and file the report. They will attempt to deduce who the technician was that cut the cable and tag the report accordingly. They will not prosecute it. You have to do that by attending the office of a justice of the peace and laying the charge yourself. If the crown decided to proceed, they will prosecute the case for you. If they feel there is no prospect for a conviction, they can either stay the charge or let you prosecute it yourself, in court.

Note, a private prosecution exposes the complainant to liability - you don't get the benefit of the "acting in good faith" like police do. If the charge is stayed or results in an acquittal, you're on the hook.

Mike

I actually forgot about mischief, shows what happens when you're tired. But do remember that you can file against the tech by going directly to a JP.

Layperson here. What would that achieve? Wouldn't the tech just get off by saying that they were simply following orders from their employer?

"Ignorance of the law by a person who commits an offence is not an excuse for committing that offence."

The technician would not be claiming ignorance. The technician is being paid by his/her employer to carry out a specific task. If anyone is going to be held liable it would be the subconctracting company or Rogers, not the individual technician.

Under the law, it doesn't matter whether it's the technician, or the parent company or even a subcontractor that is at fault. "Simply following orders" does not excuse a person from committing a criminal act, even if done in good or bad faith. It is however different if that's committed under duress.