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Panel paves way for telco deregulation

By: Lisa Williams, senior writer, InterGovWorld(03/29/06)


Industry experts have welcomed as long overdue recommendations for aggressive deregulation and a shift to less government strong-arm policies in Canada's telecommunications sector.

A 400-page report issued to Industry Canada last week by the Telecommunications Policy Review Panel outlines 127 steps to improving the regulatory framework currently overseen by the Canadian Radio-Television and Telecommunications Commission (CRTC).

The three-member panel, consisting of Gerri Sinclair, Hank Intven and AndrC) Tremblay, essentially urged the government to completely overhaul the existing regulatory system.

Sinclair, who headed the panel, said major changes are crucial if Canada is to maintain a competitive edge, advance innovation and grow productivity within the telecom industry.

The report recognizes that competition is coming from a lot of new places, said Joel Finlayson, a principal with Montreal-based consulting firm Secor Inc.

The panel has provided clear recommendations for moving towards deregulation, which sets a high-water mark, he said.

"I think they recognize that regulation needs to be looked at," said Finlayson, who describes the report as fair and long overdue. "They're saying that regulation should be based on a complaints basis as opposed to setting rules and parameters."

The recommendations reveal an attitude that is refreshing and positive, according to Valentin Petkantchin, director of research at the Montreal Economic Institute.

"There are many measures that remove some of the regulation which is still in place," he said. "There's a real intention to remove the control on retail prices, even for basic communication services."

Petkantchin said the report points Canadian telecom in the right direction and that the biggest change is that of perspective.

Until now, telecom regulation has been perceived as a necessary control measure by the CRTC, he said. In only a few, rare instances, has the CRTC felt comfortable enough to step back from its stringent policies.

"With this report, what's being recommended is exactly the opposite," said Petkantchin.

Finlayson suggested the report will redefine the CRTC's regulatory boundaries, within the proposed framework.

"I'm not questioning the validity or the value of the CRTC," he said. "What I am questioning is, given the [recommended] technological environment, whether the CRTC will be able to regulate."

When people are watching Desperate Housewives on their PC or on their mobile phone, for example, the CRTC really has no jurisdiction over these devices, and has chosen, appropriately, to take a light touch to all of that, according to Finlayson.

While the incumbent telcos like Bell, Telus, and Rogers have historically borne the brunt of CRTC policy and stand to gain the most in a freer environment, smaller service providers are less ecstatic over the report.

Some of the recommendations are cause for concern, according to Chris Peirce, chief regulatory officer with Manitoba-based MTS Allstream Inc. Pierce said the report appears to equate market efficiency with bureaucracy.

"It's creating this new body, the telecom competition tribunal, and it purports to think you can create a quasi-traditional regulatory authority like that and deconstruct it in three-to-five years," said Peirce. "I think that's hopelessly naC/ve."

Canadian telecom doesn't need any more regulatory bodies, as proposed in the report, he said.

"I don't think it makes sense to try to streamline a process by creating new structures; you should try to make the structures that are there work better."

Peirce is also less than thrilled with the perceived theme of the report.

"The tone that really disturbs usb&is the frank statement in the report that says bthe regime had focused too much on protecting competitors from the incumbents.'"

"Well, if the regime was looking at protecting competitors, it did a poor job," he said.

Peirce said there are some recommendations he can work with. "The need for competitors to have access to essential network facilities -- the report said we should actually enshrine this in the Telecommunications Act...that's a good thing."

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