Shortly before Canada Day the Canadian Radio-television Telecommunications Commission (CRTC) released their decision as to whether they were to modify the forbearance framework for mobile wireless data services. To date, the CRTC has used a light hand when it’s come to wireless data communications: they’ve generally left wireless providers alone so that the providers could expand their networks in the (supposedly) competitive wireless marketplace. As of decision 2010-445 the Commission’s power and duties are extended and the spectre of traffic management on mobile networks is re-raised.
In this post I’m going to spell out what the changes actually mean – what duties and responsibilities, in specific, the CRTC is responsible for – and what traffic management on mobile networks would entail. This will see me significantly reference portions of the Canadian Telecommunications Act; if you do work in telecommunications in Canada you’ll be familiar with a lot of what’s below (and might find my earlier post on deep packet inspection and mobile discrimination more interesting), but for the rest this will expose you to some of the actual text of the Act.
In amending the forbearance framework the CRTC is entering the regulatory domain on several topics pertaining to wireless data communications. Specifically, wireless providers are now subject to section 24 and subsections 27(2), 27(3), and 27(4) of the Act. Section 24 states that the “offering and provision of telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in tariff approved by the Commission.” In effect, the CRTC can now intervene in the conditions of service that carriers make available to other carriers and the public. Under 27(2) carriers can no longer unjustly discriminate against or give unreasonable preference towards any person. This limitation includes the telecommunications carrier itself and thus means that neither fees nor management of the network can be excessively leveraged to the benefit of the carrier and detriment of other parties.



We are rapidly shifting towards a ubiquitous networked world, one that promises to accelerate our access to information and each other, but this network requires a few key elements. Bandwidth must be plentiful, mobile devices that can engage with this world must be widely deployed, and some kind of normative-regulatory framework that encourages creation and consumption must be in place. As it stands, backhaul bandwidth is plentiful, though front-line cellular towers in American and (possibly) Canada are largely unable to accommodate the growing ubiquity of smart devices. In addition to this challenge, we operate in a world where the normative-regulatory framework for the mobile world is threatened by regulatory capture that encourages limited consumption that maximizes revenues while simultaneously discouraging rich, mobile, creative actions. Without a shift to fact-based policy decisions and pricing systems North America is threatened to become the new tech ghetto of the mobile world: rich in talent and ability to innovate, but poor in the actual infrastructure to locally enjoy those innovations.