Changing Telecom Act to safeguard consumer telecom body unnecessary: CCTS head

A private member's bill designed to give Canada's new telecom consumer complaints agency legislative muscle has come under fire from the head of the agency. David McKendry, interim commissioner of the Commissioner for Complaints for Telecommunications Services (CCTS), says Conservative Senator Donald Oliver's bill is "unnecessary" and "redundant", given that all the appeals against it have been dealt with and the agency is now up and running.The CCTS recently appointed a seven-person independent board (see list below), is searching for permanent office space in Ottawa and expects to have a full-time commissioner in place by September."So things are really moving along," says McKendry, who wasn't aware of Bill S-242 until contacted by Network Letter this week. "I wouldn't want you to be left with the impression that CCTS needs to have the heavy hand of legislation brought down upon it to make sure it does its job."Tabled June 18, Bill S-242 would amend the Telecommunications Act to give the CCTS statutory authority to undertake its mandate, including reaffirming the CRTC's jurisdiction to make membership in the agency mandatory. The regulator's jurisdiction was hotly contested by telecom carriers over the past several months when they applied to have parts of Decision 2007-130 reviewed and varied. In Decision 2008-46, the CRTC affirmed that it does have the power to mandate membership in the agency, which is required for telecom companies with revenues over $10 million - although the CRTC has said it will review this requirement in three years.But Oliver says better assurances are needed, which is why he wants the CCTS and the CRTC's authority over it enshrined in legislation."There's been a lot of challenges to the CRTC's jurisdiction so I just wanted to make sure it was clarified," he says. "I felt the CRTC had (this jurisdiction), but if you read the various objections to the jurisdiction of the CRTC in some of the hearings and some of the decisions you'll realize why there's a need for a bill like mine."McKendry, a former CRTC commissioner, contends that Decision 2008-46 already puts to rest any question of the regulator's jurisdiction in this area. He also notes that all major telecom providers are now members of the CCTS."The appeals have happened and the commission upheld its original decision. It's enshrined in regulation and regulation has the force of law; I wouldn't see putting it in the Telecommunications Act as necessary at all," he argues.Not unexpected, the Public Interest Advocacy Centre has thrown its support behind the bill. PIAC counsel John Lawford notes that most telecom companies joined the CCTS reluctantly and amending the Telecommunications Act would provide insurance that they won't pull out after three years, or appeal CCTS monetary damages to the Federal Court."If the phone companies all play along with the commission, theoretically there would be no need for (legislation)," says Lawford. "We have a Do Not Call list and they changed the Telecom Act for this. I view this very much as a pillar of modern telecom regulation, so why shouldn't it be enshrined as well." Although, as McKendry points out, legislation can also change.Senator makes third attempt at anti-spam lawOliver says he wasn't responding to lobbying pressure from any particular group to introduce the bill. Rather, the backbencher views himself as somewhat of a champion for consumer issues. He chaired Senate hearings on Bill C-62 in the early 1990s which led to what he described as "one of the most modern telecommunications bills in the world" (Telecommunications Act, 1993).Second reading of Bill S-242 is expected in September, after which Oliver expects it will go to the Senate Standing Committee on Transport and Communications for public hearings.The Nova Scotia Senator will likely face stiff opposition in getting his bill approved - not only from telecom service providers but also from the Liberal-dominated Senate which has already blocked his two anti-spam bills. But Oliver isn't giving up. He plans to introduce a third iteration of his anti-spam bill when the Senate resumes sitting in mid-September.CCTS Directors1. Mary Gusella (chair): former chief commissioner of the Canadian Human Rights Commission (retired)2. Marie Bernard-Meunier: former ambassador to Germany (retired)3. Richard Gathercole: former executive director, BC Public Interest Advocacy Centre (retired)4. Jean Sébastien: media and literature professor, College de Maisonneuve 5. Mirko Bibic: senior VP and chief, regulatory affairs, Bell Canada 6. Michelle Dupuis: senior regulatory analyst, Distributel Communications Limited 7. Scott Fletcher: partner, Gowling Lafleur Henderson LLP

Changing Telecom Act to safeguard consumer telecom body unnecessary: CCTS head

News | 07/04/2008 3:43 pm EDT

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