Is the telecom complaints commissioner necessary? Bell says no

In advance of the CRTC’s proceeding to review the structure and mandate of the Commissioner for Complaints for Telecom Services (CCTS), Bell Canada and Bell Aliant say the agency is not necessary. In a comment filed with the CRTC on June 28, Bell said competition in the marketplace is enough to motivate companies to resolve customer complaints without the assistance of a third party. “The companies do not believe that the CCTS is necessary,” Bell wrote. But it adds that if the CCTS is retained for now, Bell does not see a need for significant changes to its structure or mandate. “Indeed, in light of the many recent developments within the CCTS and its operations, there is too little track record on which to judge whether changes to its structure or mandate are appropriate,” Bell wrote. The limited track record of the agency is a recurring theme in comments made to the commission ahead of hearings planned for Sept. 27-29. “We really want to keep it, and it means a lot to consumers,” John Lawford, counsel with the Public Interest Advocacy Centre (PIAC), told The Wire Report. On June 28, Lawford submitted a comment to the CRTC proceeding on behalf of the Consumers’ Association of Canada and Canada Without Poverty. “Even if it stayed exactly the same, it’s still better than nothing. We would like to have it mandatory for everybody and we would like the scope increased,” Lawford said. The CCTS was established in 2008 as an independent telecommunications consumer agency to deal with complaints related to billing, contract terms, the unauthorized transfer of services and other telecom issues. Most of Canada’s major telecom service providers fall under the CCTS, but the agency’s scope is limited to only members that choose to participate. One point of contention appearing in the proceeding comments is whether the CRTC should mandate that all telecom service providers fall under the watch of the CCTS. In its comments to the CRTC, submitted June 28, Shaw Communications Inc. said the CRTC does not have authority under the Telecommunications Act to make CCTS participation mandatory for all telecom service providers. “The commission’s authority to impose conditions of service under section 24 of the Act does not permit the commission to delegate its complaint resolution powers or force TSPs to comply with orders of another body that the commission itself has no authority to impose,” wrote Jean Brazeau, Shaw’s senior vice-president of regulatory affairs. Brazeau went on to say that mandatory participation with the CCTS would interfere with companies that want to use alternatives to deal with customer complaints. “ blocks customers from exercising choice, and prevents TSPs from assessing whether membership in the CCTS is beneficial and distinguishing their services in response to customer demand,” Brazeau wrote. Lawford said that the CCTS started promoting itself in earnest in January 2010. At that time CCTS particpants started to include inserts in their customers’ bills, informing them about the agency. But Lawford said the participating telcos are still not required to advertise the CCTS on their respective websites. The CCTS has a long way to go before most consumers know about it, Lawford added. The agency’s limited scope has been an issue of contention for consumer rights groups. Customers don’t always know where to go to complain about their telecommunications services. The CRTC, for example, continues to handle consumer complaints about services regulated for social or economic reasons. These include payphones, accessibility services, phone services in uncompetitive markets, and 900 or 976-number premium phone services. Smaller telecom service providers that are not CCTS participants also fall outside of its scope. Australia’s equivalent to the CCTS, the Telecommunications Industry Ombudsman, has existed since 1993 and receives about 150,000 complaints per year, Lawford said. Since its launch, the CCTS has received about 15,000 calls from consumers, resulting in about 6,000 complaints. The agency has dealt with about 3,000 of those complaints because most did not fall under its scope. Lawford said he expects the volume of complaints to increase by 100 per cent on a yearly basis if the CCTS is continues its work. The CRTC said it expects to publish a decision on the structure and mandate of the CCTS by Dec. 20, 2010. It could be three-to-five years before there is another review of the agency, depending on the decision. jmigneault@thewirereport.ca

Is the telecom complaints commissioner necessary? Bell says no

News | July 9, 2010

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