We fight for that – Details, episodes & analysis

In this, the second instalment of PIAC's series on the 'CRTC Gone Astray', Monica notes that the CRTC has abandoned data collection, and its public disclosure and has not measured results in implementing the new Online Streaming Act (which amends the Broadcasting Act), which means it is impossible to know if the requirements of the Broadcasting Act, to in part ensure the amount and quality of Canadian content (CanCon), or indeed any other objectives.

Although the discussion is at times technical sounding, the principles being ignored are easy: first, making decisions based on evidence and measuring results. Second, procedural shortcuts also taken by the CRTC appear to us to undermine the rule of law and risk the spectre that "might makes right". Let's avoid that.

We close with more examples of disclosure of information in CRTC telecommunications that would benefit the public if it were not kept confidential: the Rogers outage in 2022 (and the related full Report to the CRTC); the BCE (Bell) - Northwestel sale to Sixty North Unity; and a CRTC hearing on historical inmate calling rates in Ontario.

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PIAC introduces a new series of podcasts on why the CRTC has gone all funny in the last few years and why no one is laughing.

Our first instalment sees Ted Woodhead, the regulatory 'face of the Rogers-Shaw merger', joining the podcast to give his very experienced take on the challenges faced by and perhaps poor choices and general inertia towards mediocrity at our national communications regulator. 

Ted provides many possible options to fix the problems of slowness, inconsistency and opaqueness that presently plague the Commission.

PIAC could not resist asking about the Rogers-Shaw deal and Ted provides a fascinating view from the other side and a strong argument that the Competition Tribunal and Federal Court of Appeal got it right and the deal is benefitting Canadians. After that viewpoint, we turn to the issue of wireless and Internet pricing in Canada and argue about what a price increase is made of and why the Canadian market is unique, uneven, surely odd, and why ARPU is not a good competition yardstick . I guess we have the market we deserve?

Like all great interviews, this one makes you think.

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PIAC discusses, once again, Bill C-11 - the "Online Streaming Act" which is an Act to Amend the Broadcasting Act, to, among other things, require "Internet broadcasters" to be registered under Canadian law and contribute to the creation of "Canadian content" or more simply, "CanCon". We recap PIAC's appearance before the Standing Committee on Canadian Heritage at the House of Commons (CHPC) and in particular, detail our idea to "fix" C-11, in particular, the user-generated content issue.

We argue that the "discoverability" issue and the "exemption" of "YouTubers" and other online content creators that has roiled the House and the (Canadian) Internet can be managed by reducing its scope. Our idea is to define discoverability as not not one concept but two: static discoverability and dynamic discoverability. "Static discoverability" is a banner on YouTube or another platform that simply links, upon a consumer click, to selected CanCon. It is “static”, unobtrusive and, likely, unobjectionable to consumers but still clearly “promotes and recommends” CanCon. "Dynamic discoverability" requires AI prediction tools to insert a CanCon video or song into a user’s autoplay feature, or to ‘dynamically’ suggest links.  It is intrusive and disruptive to the user’s expectations and experience. It is overkill to achieve the goal to “promote and recommend” CanCon.

Our recommendation is to amend the Bill by removing language requiring dynamic discoverability but leaving language requiring static discoverability. This will also take pressure off the question of what CanCon should be defined as.  Discuss.

This is Part 1 of 2 part special. Our second part will feature a representative of the user-generated content community.

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Guarav Arora, University of Ottawa Master's student in the law department and recent tech law intern at PIAC, sits down to describe, and in some cases to defend against the host, cryptocurrencies (and blockchain and distributed ledger technologies in general) and their derivative products like non-fungible tokens (NFTs), stablecoins, initial coin offerings (ICOs), decentralized finance (de-fi), distributed autonomous organizations (DAOs), smart contracts, and the coming metaverse and its relation to finance. We try to see the potential benefits while being realistic about the relative lack of regulatory controls in this area (currency controls and investment regulation) and why consumers should be cautious about this area while waiting for it to be made more safe and consumer-positive.  Because this is such a new and challenging area, we essentially run out of time, so likely this will be the first of a few podcasts on crypto.  Enjoy!

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We interview Howard Maker, Commissioner of the Commission for Complaints for Telecom-television Services (CCTS) about the Canadian ombudsman service that helps Canadians - for free - to resolve their consumer complaints with Internet, wireless (cellphones), home phone and paid TV services.  You never heard of the CCTS? You should get acquainted because they just may get your money back.  But it's not quite that easy, and we ask Howard to describe the challenges of being an independent agency charged with being fair in a notoriously difficult communications market.

We also break down the CCTS' 2021-22 Mid-Year Report and why the 26% drop in complaints doesn't necessarily mean that things are improving rapidly.

Link to the website of the Commission for Complaints for Telecom-television Services (CCTS): https://www.ccts-cprst.ca

Link to CCTS 2021-22 Mid-Year Report: https://pub.ccts-cprst.ca/2021-2022-mid-year-report/

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In this first of several podcasts on troubles with the Canadian Radio-television and Telecommunications Commission (CRTC), we concentrate on the CRTC's egregious slowness in both running regulatory proceedings (both broadcasting and telecommunications) and in releasing its decisions after these proceedings - all of which can take years.  During this time, the smaller, or more vulnerable, less powerful parties, such as small competitors, consumers, politicians and the public are disadvantaged while larger players reap the benefit of delay that allows them to exploit their marketplace advantages.

CNOC's Geoff White joins us to explain his take on why this situation has arisen and opines on what to do to reform the CRTC.  Hint: change their governing legislation and keep an eye on them.  We concur. This situation is now hurting consumers and Canadians.

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Competition in Canada is enforced by the Competition Bureau of Canada.  In this episode, we discuss all things competition in Canada and how it can be promoted with Anthony Durocher, Deputy Commissioner, Competition Promotion Branch at the Competition Bureau of Canada.  First up, possible reform of the Competition Act and the Competition Bureau's submission to Senator Howard Wetston's review.  Next, we hear about two consumer-centric, proactive campaigns by the Bureau upcoming next week and next month.   First up is #SwitchWeek , this year from 21-27 February 2022, during which the Competition Bureau encourages Canadians to shop around for better deals on essential services such as like banking, telecommunications and insurance.  Turns out you could save around $1860 a year just by shopping the market to renegotiate or change contracts with your service providers.  Then we turn to "Fraud Prevention Month" which is always in March.  This year's campaign ( #FPM2022 ) kicks off 1 March 2022 with the tagline: "Recognize, reject and report fraud". We discuss why it is so important for Canadians to do all of these things and why we are all vulnerable to a scam at some times in our life and why there is no shame in being targeted.  Help out others and yourself with these tips. We close with a harder question: why do consumer complaints seem to go into a "black hole" at the Competition Bureau? Finally, we get an explanation. It may be better than you think - but you're not wrong - it is somewhat secret.

Finally, we promise a PIAC blog on wireless pricing - we examine the government's big claims of prices going down.

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Sarah Bradley, the Ombudsman and CEO of the Ombudsman for Banking Services and Investments (OBSI)  discusses how OBSI can help consumers resolve investment disputes in Canada.  OBSI (https://www.obsi.ca/) is the single independent ombudsman service if you cannot resolve your complaint with your investment company or investment adviser.  OBSI's services are free to consumers. We discuss the scope of OBSI's services and the limitations on their potential monetary awards to consumers, limitations periods and OBSI's interaction with Canadian courts. We also discuss potential changes to OBSI's powers, notably, binding decision authority (so investment companies and advisers can no longer ignore or try to reduce financial compensation awards by OBSI). Typical consumer experiences and what to expect if you file a complaint with OBSI are covered. We also discuss the emerging challenge of cryptocurrency regulation and the types of crypto complaints OBSI receives already.  Note OBSI's informative bulletin on cryptocurrency frauds here:https://www.obsi.ca/en/news/consumer-bulletin-cryptocurrency-scams-increasingly-targeting-and-exploiting-canadians.aspx

Finally, in our "Told you so" segment, PIAC and the National Pensioners Federation (NPF) celebrate a

recent CRTC decision

that,

like we said 5 years ago

should be the case, gives some consumers (seniors, persons with disabilities, those without a home internet package from the same company) the right to request a paper bill for telecommunications (Internet, cellphone, home phone) and broadcasting (paid TV services, including cable TV, IPTV and satellite TV) service. We worked for five years to get at least this. Consumers stand up!

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PIAC's articling student, Rene Kimmett, guests on this episode to explain how consumers can complain about banking services to their own financial institution and to third-party resolution services - yes, there are two "external complaints bodies" in Canada - OBSI and ADRBO.  No need for that - which we get into. The Federal Department of Finance and the Financial Consumer Agency of Canada (FCAC) are presently implementing improvements to the internal complaints system inside banks, but we still have battling third party ECBs. Finance can fix this in a wink. We argue why they should and how consumers can advance their complaint, and hopefully get their money back, in this bizarre system.  Advice to consumers: push, push, push!

This is the first of a series of four podcasts on financial matters.  Future podcasts: investment complaints; payday and installment loans; cryptocurrencies for consumers (not!).

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This episode recaps the major consumer set-backs of 2021, which, during a pandemic, are inexcusable. We cover three terrible CRTC decisions that will make your wireless phone and home Internet connections much more expensive.  We cover a mega-merger that will raise prices and reduce choice. We recap the airline refund fiasco and finish up with banking problems and a warning about crypto-assets.  Fun fun fun.  See you next year!

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