Traffic Management Ruling Delivered!
The CRTC's traffic management ruling can be found here:
http://www.crtc.gc.ca/eng/archive/2009/2009-657.htm
It looks to be a step forward, but there's more work to be done.
Key point:
primary ISPs may continue to apply ITMPs to retail Internet services as they consider appropriate, with no requirement for prior Commission approval.
. This means consumers or other parties will need to build a case and convince the CRTC particular episodes of throttling are unjust, otherwise the throttling can continue.
ISPs will also be allowed to throttle independent ISPs as long as the management is not "more restrictive than those applied by a primary ISP to its own retail Internet services"
On the positive side the CRTC did further define what is considered unjust discrimination. If brought under review ISPs must:
* demonstrate that the ITMP is designed to address the need and achieve the purpose and effect in question, and nothing else;
* establish that the ITMP results in discrimination or preference as little as reasonably possible;
* demonstrate that any harm to a secondary ISP, end-user, or any other person is as little as reasonably possible; and
* explain why, in the case of a technical ITMP, network investment or economic approaches alone would not reasonably address the need and effectively achieve the same purpose as the ITMP.
(ITMP=Traffic Management):
There is also new requirements for transparency in regards to traffic management.
Clear and prominent disclosure of technical ITMPs on the websites of primary ISPs must be made a minimum of 30 days in advance of a new technical ITMP being implemented or an existing one being modified.
Online disclosure should include the following information:
# why ITMPs are being introduced;
* who is affected by the ITMP;
* when the Internet traffic management will occur;
* what type of Internet traffic (e.g. application, class of application, protocol) is subject to management; and
* how the ITMP will affect a user’s Internet experience, including the specific impact on speeds.
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