M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on�� on September 21, 2022.

On September 7, 2022, Canada’s Minister of Innovation, Science and Industry (the Minister), issued a����on Canada’s Telecommunications Reliability Agenda following the nation-wide Rogers network outage that took place on July 8, 2022. As part of the statement, the Minister provided details on a formal agreement between Canada’s major telecommunications service providers to lend support in the event of another major network outage.

The Rogers network outage had a massive impact across Canada, affecting the wireline and wireless services of millions of Canadians, emergency service providers and small businesses for over 15 hours. This event prompted the Minister to act, giving Rogers and other major telecommunications companies 60 days to enter into an agreement that would guarantee emergency roaming, mutual assistance, and a communications protocol for advising the public and government in the event of future major outages and other emergencies.

In response, the companies agreed to a����that is effective as of September 9, 2022 (the Agreement). Under the Agreement, the companies commit to assisting in the event of a major network outage that affects one of the other signatories. This includes providing support for Canadians to remain connected to their contacts, access 911 services, and conduct business transactions. The companies have also committed to providing timely communications during outages to keep the public and government authorities informed about response and restoration efforts.

The Minister announced that the Agreement marks the first of several steps in Canada’s Telecommunications Reliability Agenda, which will include:

1. the Canadian Radio-television and Telecommunications Commission (CRTC) investigating the Rogers outage and any new measures the company has implemented following the event;
2. the Canadian Security Telecommunications Advisory Committee (CSTAC) creating further measures within the next six months to bolster the reliability of Canada’s telecommunications networks; and
3. a review of all regulatory measures to be implemented that is aimed at strengthening the reliability and safety of Canada’s networks.

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This article was previously posted on����

On May 27, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC)����that it had finalized the rates that large companies can charge competitors to access their high-speed broadband networks under the industry’s existing wholesale aggregated model. This decision resolves a long-standing dispute under the industry’s current wholesale framework and allows the CRTC to now shift its focus towards the industry’s new disaggregated wholesale model that is set to be implemented in the future.

Independent service providers (i.e. the competitors) that do not have their own high-speed access (HSA) networks can pay larger companies at wholesale rates to access their networks when providing internet, telephone, and television services to customers. Under the current aggregated wholesale HSA service, a competitor connects its network to a small number of points in the larger company’s network. Although this aggregated model is primarily used by competitors today, there are no finalized rates for larger companies to charge competitors for this service, with the industry operating under interim rates for the last four years.

The CRTC’s primary goal for wholesale HSA services is to transition from the current aggregated model to a new disaggregated model, which is promised to increase industry competition by enabling competitors to access more points in the larger companies’ networks, provide faster internet speeds and more services to customers. The CRTC’s decision sets out the wholesale rates under the existing aggregated model so that the CRTC can shift focus to assessing issues under the disaggregated model.

In its decision, the CRTC sought to strike a balance between regulatory certainty, market stability, regulatory burden, and the goal to transition to the disaggregated model. It decided that the interim rates for the aggregated wholesale HSA service that were in effect prior to the issuance of Telecom Order����(reported by the E-TIPS® Newsletter��) should be deemed the final rates, with certain modifications. Absent any expressed exception, the final rates would be retroactively applied as of March 31, 2016.

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Among other topics was the discussion surrounding the emergence of Internet of Things (IoT) devices and the subsequent need for collaboration between telecommunication providers and technology firms in order to sustain the rapidly evolving “smart” market. From a consumer perspective, many rightfully expressed concerns over the privacy of user data and residual effects of recent regulations such as the on just how certain data can be collected and used.

However, the same small-to-medium sized enterprises (SME) that reside on the cutting edge of innovation in the emerging internet of things (IoT) and that are tasked with implementing these new data privacy regulations continue to face old challenges. This is especially true in the context of Standard-essential patents (SEPs), where global technology giants have enough capital leverage and industry dominance to undermine any player attempting to access the telecommunication market.

Briefly, a patent that protects technology essential to a standard is called a . In fact, it is virtually impossible to manufacture standard-compliant products such as smartphones without using technologies covered by at least one, if not several, SEPs. For example, more than have been declared essential to network protocols such as GSM and the "3G"or UMTS standards developed by the European Telecommunications Standards Institute (ETSI). This means that each time an inventor seeks to implement a standard, say, allow their phones to communicate over 3G networks, they would inherently have to use an SEP in order to guarantee this functionality. When these patents are held by large multinational corporations, inquiries into anti-competitive measures are raised as this may give companies owning SEPs significant market power. For example, in a phenomenon known as the “”, holders of standard-essential patents sought to ban competitors' products from the market on grounds of SEPs infringement, resulting in what was later dubbed a patent “hold up”. For large corporations, issuing these injunctions reaps no significant consequences, whereas small businesses simply cannot sustain the cost and time associated with SEP litigation, not to mention the potential loss in investment. In these circumstances, the seeking of injunctions can significantly alter licensing negotiations and lead to unfair licensing terms which ultimately creates a negative impact by limiting consumer choice and raising existing prices. Therefore, the task becomes a balancing act between the interests of the corporations seeking to protect and license their SEP technologies and the motivations behind the innovation community who seek to access these technologies.

In order to combat resource-draining SEP litigation, competition bureaus around the world have introduced certain terms of compliance. In Europe, the that in the standardisation context, where the SEPs holders have committed to licence their SEPs and to do so on fair, reasonable, non- discriminatory (FRAND) terms, it is anti-competitive to attempt to exclude competitors from the market by seeking injunctions (on grounds of SEP infringement) so long as the licensee is willing to take a licence on FRAND terms. With respect to IoT innovators, the Commission went one step further and of SMEs to innovative IoT solutions as well as the critical role of standards in “empowering SMEs to compete with industry giants”.

Ultimately, most policy makers and legislators would agree that one of the main goals of this type of competition regulation particularly in the intellectual property field is to protect against business models that engage in licencing extortion, otherwise known as “patent trolls”. Just this month, a , a Canadian-based intellectual property licencing company, $145 million in damages following a patent infringement case against Apple. However, among other allegations made by Apple, the company claimed that WiLAN’s business model “”, a strategy they claim has been used by the defendant on over 275 companies.

Likewise, commitments to a fair and accessible marketplace become even more important in light of recent cross licensing agreements among large corporations. This month, renewed a global patent license agreement on FRAND terms including a cross license that covers patents relating to both companies’ 2G, 3G, and 4G standard-essential patents. Ericsson and LG Electronics are two of the leading contributors to the GSM (2G), UMTS (3G), and LTE (4G) cellular communication standards and both companies are making significant investments in the development of the NR (5G) standard . Although to some this may seem like nothing more than a monopolistic endeavour, some nations have made it clear that the merits behind such industry-leading patent portfolios deserve their respective remuneration.

In Canada, for example, the has expressed caution with tipping the SEP licensing scales in favour of SMEs. The Bureau recognizes that a firm’s commitment to license on fair, reasonable and non-discriminatory ("FRAND") terms does not inherently mean that it is committing to license on a royalty-free basis.��That is, as much as the Bureau seeks to protect newcomers, it also acknowledges that corporations may often make large investments in research and development and accordingly, ought to be permitted to collect appropriate royalties in order to recover the value of their investment. This is not to say that Canada’s commitment to recognizing the value of innovation through SMEs have been overlooked; in fact, the National Research Council of Canada (NRC) is now able to invest in SME innovation projects for up to

Nonetheless, the fact remains that an alignment of efforts to balance the playing field between the wide range of innovators and corporate technology providers both in Europe and in Canada,��is necessary to support international mandates of a balanced SEP licensing ecosystem that is safeguarded by a meaningful FRAND commitment.

Andrei Mesesan is an IPilogue Editor and a JD Candidate at Osgoode Hall Law School.

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The 5G network

The Next Generation Mobile Networks (NGMN) describes 5G as “an end-to-end ecosystem” that is expected to “enable a fully mobile and connected society”. The most prominent include fixed-wireless access, ultra-reliable low-latency (high volume of data messages with minimal delay) communications, enhanced mobile broadband and massive . The effective implementation of the 5G vision could translate into driverless cars, virtual or augmented reality experiences, , robotics and . However, the proposed 5G use cases rely on , pertaining notably to latency, throughput, reliability and transmission character.

To address all of these use cases, networks need to become more flexible. This is achieved through , a form of virtual network architecture built on common shared physical infrastructure. Each network slice consists of an independent set of logical (software-based) network functions that support the requirements of the specific use case. For instance, the driverless car will rely on vehicle-to-anything (V2X) communication, which requires low latency but not necessarily a high throughput, while a streaming service being watched while the car is in motion will require a high throughput and is susceptible to latency. are thus employed to optimise the use of the physical network. This can also enhance , by isolating attacks on the network slice, given that security poses the biggest challenge as these networks evolve, according to Ray Lahoud, Chief Operating Officer at Allstream.

Network slicing relies on and . SDN the data and control planes, which, along with the management plane, constitute the three basic components of a telecommunications . By removing the control plane from network hardware and implementing it in software, SDN enables programmatic access, making network administration much more flexible.��While SDN enables network slicing, the NFV architecture is employed to and its constituent resources, and orchestrating their allocation to realize the virtual network functions (VNFs) and network service.�� In a nutshell, NFV provides the ‘what’ (virtualization architecture) and SDN provides the ‘how’ (Application Programming Interfaces and control protocols) to .

SDNs can be deployed today leveraging existing Application Programming Interfaces ().�� APIs constitute a point of interaction between a number of systems. From the users’ point of view, APIs allow them to complete the action . APIs speed up the communication between apps and platforms, allowing service providers to deploy innovative high-quality services by bypassing one-on-one, costly and time-consuming proprietary integration. As Ibrahim Gedeon, Chief Technology Officer at Telus, described it, before embarking on any technological transformation journey we need to “speak the same language to talk about innovation”, which in turn translates to the need for a .

Network softwarization is paving the way towards X-as-a-Service (XaaS). XaaS refers to the concept that , including the functions that control a telecom network, notably Software as a Service (SaaS), Platform as a Service (PaaS) and Infrastructure as a Service (IaaS). With these resources made available by , telecom service providers maintain a major influence over the services they buy, while offloading the costs of Research and Development (R&D), security and optimization. XaaS extends , with Transportation-as-a-Service offered by Uber and Lyft, Grocery-as-a-Service by Safeway and Whole Foods, and Accommodation-as-a-Service by Airbnb.

New Business Models

According to the NGMN , 5G is expected to “empower value creation towards customers and partners, through existing and emerging use cases, delivered with consistent experience, and enabled by sustainable business models.” Essentially, this means that telcos will start shifting from their traditional Business-to-Customer (B2C) to a Business-to-Business (B2B) business model, by opening their networks to other stakeholders and allowing the latter to reuse their capabilities in order to deliver new services to customers.

Communication Service Providers (CSPs) can monetize new data-intensive Over-the-Top (OTT) services through partnerships with OTT providers or by charging them for access to their networks. In fact, operators have already started to leverage to deliver packaged services to end users. OTT players are expected to deliver more applications that require higher quality, lower latency, and other service enhancing capabilities, namely proximity, location, quality of service (QoS), authentication, on demand and in a highly flexible and programmable way.

In addition, as James Buchanan, Senior VP & General Manager of Ensemble ADVA Optical Networking, framed it, monetization of data is key to proving that it is worth investing in 5G. While telcos are now relying only on data to improve customer experience and QoS, with 5G network services combined with IoT and AI, new business models of monetization will arise, namely . New business opportunities will thus emerge for telcos not only through data monetization but also from the value delivered to enterprises via application and network intelligence layers.

IPR, RnD and Investment in 5G

The realization of the 5G vision, especially in terms of IoT-related applications, will require extensive R&D and investment. Robust intellectual property protection is an to this end. ��Based on the NGMN , the IP based business objective is to make 5G access affordable for all types of devices. The proposed NGMN recommendations include improving 5G Standard Essential Patent (SEP) Declarations, establishing Independent 5G SEPAssessments, and exploring and establishing Patent Pool licensing for 5G. All industry partners are expected to develop implementation plans for each of these recommendations.

Overall, this panel’s speakers strongly agreed on the fact that the 5G endeavor cannot be taken exclusively on by the private sector. This was consequently addressed by the Honourable Navdeep Bains, PC, MP, Minister of Innovation, Science and Economic Development in his , during which he announced the launch of ,��, the Evolution of Networked Services through a Corridor in Québec and Ontario for Research and Innovation, which is a 3P between the governments of Ontario and Quebec and private sector partners. Minster Bains described ENCQOR as “a 5G test bed that will advance the development of 5G networking solutions and next-generation technologies and applications”. In addition, he proclaimed the launch of two consultations regarding 5G deployment, one of which pertains to the . Based on the aforementioned, the plan toward the 5G seems clearly drafted and in line with the telecom industry’s mantra of “flexibility, scalability and cost”, as epitomized by Mr. Lahoud.

Yonida Koukio is an IPilogue Editor and an LL.M. Candidate at Osgoode Hall Law School.��

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All things smartened up

��5G is the next generation of wireless mobile networks. The speakers highlighted that 5G networks are primarily designed for increasing capacity and enhancing connectivity while operating at much lower latency values. These ultrafast 5G airwaves promise to through the sharing of information—as buildings, cars, people, and a myriad of devices will be able to communicate with each other. The new technology promises to further enhance the users’ experience with smart devices, smart cars, and smart homes. In addition, 5G networks will allow emerging technologies to operate at a much larger scale.

From connecting people to connecting things in real time

��For example, the panel on 5G networks remarked that, due to the myriad of new capabilities and disruptive applications made available using 5G wireless networks, virtually all industries will experience important changes in how they work and cooperate with one another. Industries will leverage real-time connectivity to the benefit of both consumers and businesses. New capabilities will allow segments of industries to experience real-time economic data, offering the potential to prompt the . To enable all of these features, 5G network communications will increasingly rely on artificial intelligence (“AI”) and big data to build new applications and create more services. As a result, interested parties will have to be attentive as a new regulatory landscape may develop to accommodate the demands of this increased data sharing reality.

How does society become 5G ready?

��In addressing this question, speakers at CTS 2018 remarked that putting the new technology to use will require several regulatory and policy discussions. Among other challenges, there will be massive amounts of data that can be quickly collected, mobilized, and exchanged across 5G networks. In the commercial and government space, several jurisdictions have engaged in devising regulatory frameworks for the deployment of the new technology (see examples and ).

Canadian policy makers know that this is an industry that needs investment as well as a modern regulatory landscape across municipal, provincial, and federal levels of government. For example, in his , the Honourable , the federal Minister of Innovation, Science and Economic Development, announced that the Government of Canada will be launching two consultations�� to support 5G deployment:��the government is to add an additional 1GHz of millimetre spectrum to support 5G and is beginning a in advance of the 3500 MHz auction.�� Minister Bains also discussed an initiative through a Canada-Québec-Ontario partnership, (“ENCQOR”),��which he described as “a 5G test bed that will advance the development of 5G networking solutions and next-generation technologies and applications”.

Other countries, such as the are taking a great leap towards leadership in the manufacture and operation of network infrastructure. In Canada, industry operators and other stakeholders are well positioned to develop relationships with different levels of the government with a view to speeding up the process of creating standards and laying out best practices for the operation of 5G networks.

Bottom line

5G networks promises innovation, disruption, as well as policy and regulatory discussions. Industry operators and other stakeholders should be attentive to the new opportunities arising from 5G networks, but they should also stay abreast of the impact the Canadian regulatory landscape may have in the industry — particularly by virtue of the challenges that may arise from the vastness amount of data that will be quickly collected, mobilized, and exchanged across 5G networks.

Bruna D. Kalinoski is a contributing editor for the IPilogue and holds an LLM from the Osgoode Professional Development Program at 91��ɫ.

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Starting with quality, he emphasized the importance of having telecom services that are fast enough to allow everyone to participate in a digital community. One of the efforts that have been made to improve quality is the collaboration with Ontario and Quebec to launch (the Evolution of Networked Services��through a Corridor in Québec and Ontario for Research and Innovation) partnership. This $400 million public-private partnership provides��access to 5G networks to SMEs, researchers and academia. Through ENCQOR, the federal government hopes to advance 5G networks and drive long-term economic growth across Canada.

Minister Bains also described the 5-year plan (to be implemented between 2018 to 2022), which has the objective of��maximizing the amount of spectrum that is available in order to avoid "" and ensure that Canadians have unhindered access to wireless networks.

With nearly 70% of all schoolwork being connected to the Internet, access to the Internet is a necessity for our youth today, not a luxury. However, with 1.2 million Canadian children living in poverty, such access is unequal and incredibly limited for a large number of young Canadians. Minister Bains stated that it is important to correct this imbalance and ensure that these children have access to high speed Internet so that they can progress in both their academic careers and future endeavours. Similarly, measures have been taken to ensure that rural communities have access to high-speed Internet with the . Through this program, $500 million will be invested by 2021 into rural communities to help bring new infrastructure and provide coverage nationwide.

The provision of free computers to schools nationwide is one way the government is tackling the issue of cost by making telecom services more affordable and��allowing low income Canadians the opportunity to participate in the digital economy.

Minister Bains's key message is that this is all “... about the kids”. The purpose of these government initiatives is to help young Canadians who do not have reasonable access to the Internet – "every youth should have the means to stay connected in this digital economy to fulfil their aspirations."

In conclusion, Minister Bains lauded industry support has being integral to the success of these initiatives and encouraged the IT industry to “” and make Canada a global centre for innovation. Despite the efforts and consequent successes that have resulted from actively addressing the issues of quality, coverage and affordability of innovative technologies, Minister Bain's demonstrate that building Canada’s innovation ecosystem is a never ending work in progress.

Neda Foroughian is an IPilogue Editor and a JD Candidate at Osgoode Hall Law School.

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I. Preparing Canada for 5G Coverage

5G data coverage, which is the next generation of wireless data services, promises to make it possible for cities to become , as buildings, utilities, and people will be able to constantly share data. This connectivity can make cities more efficient by allowing businesses and government to mine this data, discover inefficiencies and redundancies, and correct them. Canada promises to be a major part of this initiative, with Google’s intention to build a , which will feature a fully interconnected neighbourhood.

The jurisdictions that can achieve 5G coverage will have a competitive edge in attracting new technologies and business opportunities that can take advantage of this new interconnectivity. , the CTO of Telus, noted that Canada needs a fully allocated 5G spectrum to take advantage of these opportunities. Mr. Gideon lamented that the Canadian Radio-television and Telecommunications Commission (CRTC) has not yet fully auctioned the 3.5 – 4GHz spectrum, where 5G will be broadcasted, and this puts Canada at risk of falling behind other jurisdictions. Not only have Western counties like the US, UK, EU and New Zealand allocated or planned out this spectrum, but so have Saudi Arabia, India, China, Japan and South Korea have as well. In his keynote, Mr. Gideon called on the Federal Government to create a clear strategy and timeline on how the 5G spectrum will be allocated and when; only once this is done can businesses seize on the new opportunities that 5G offers.

II. Big Data Firms – The Home Invaders

, EVP of , a major US business-to-business telecom service in the Internet of things (“IoT”) space, spoke of the need for telecoms to partner with large technology companies like Apple and Amazon so that Internet service providers are not left behind by the coming technology changes.

As major technology firms develop new IoT applications, like Amazon with Alexa and Google with Home, these companies are creating new interactions inside their customers’ homes, which are new opportunities to connect with their customers and build goodwill. Since these IoT devices rely on Internet connections to work, telecoms are a crucial part of this experience. However, Amazon and Google will reap the rewards of positive customer interactions and when they don’t work, the telecoms are blamed.

This leads to a situation where technology firms will benefit from the goodwill and telecoms will continue to be viewed as a necessary evil to facilitate online-based services. Telecoms suffer from as no customer loyalty is developed when IoT devices work, but when the devices don’t work the telecoms take the blame. One solution is for telecoms to partner with these firms, allowing them to piggyback off the brand building they are engaged in. If Rogers can offer a “Rogers + Google” service, there is more likely to be a positive customer association with the Rogers brand every time Google Home helps a consumer. This strategy is increasing with Fido packaging a with their phone plans and a in 2014.

III. Privacy and the Digital Footprint

While Mr. Weening’s presentation opened up many interesting possibilities for the future of telecom service, as a law student I couldn’t help but be concerned by the . The panel on privacy and information security focused on the implications for these new services and the need to evolve consumers’ digital footprint beyond a mere email and password combination.

, a Senior Fellow at Ryerson University’s Ted Rogers Leadership Centre and the former Privacy Commissioner of Ontario, noted that over the past two years, the percentage of consumer concerned about the privacy of their information has . Ms. Cavoukian pointed out that is more important and profitable for telecoms to build trust with their customers regarding the integrity and privacy of their personal information than to collect as much data as possible. She noted that when customers are informed that their data is private and only used for a specific purpose, they are more likely to consent to future requests for uses of their data in different ways.

Other panelists noted that since Canada adopted the Internet earlier than most countries, its and out of touch with the internet. Jurisdictions that were slower to adopt the Internet, like the EU, have observed the effects the Internet has on society and have had an easier time legislating accordingly.

A related panel, “Cultivating an Innovation Economy” discussed how telecoms need to help facilitate a revolution in digital identity. One of the biggest cybersecurity problems is that people protect their valuable data with an easily hacked email and password combination. However, smartphones are complex computers capable of acting as a digital fingerprint for online services. Telecoms that can create a secure digital identity for their customers could have a strong competitive edge as privacy and information security becomes a greater concern for consumers.

IV. Minister Bains on Connecting the Arctic and Rural Canada

The 2018 Canadian Telecom Summit ended with a keynote speech from the Honourable , Minister of , the department in charge of the Telecommunications Act.

Minister Bains spoke of the government’s partnership with Bell to bring , connecting Inuit communities to the rest of Canada. The construction of over 15 cell towers across the Northwest Territories and Nunavut could also help stimulate commercial investment in Canada’s North beyond the traditional natural resource extraction industries.

Minister Bains also introduced the new , where the government is planning to extend data coverage to many remote rural communities in Canada that currently have no data coverage. This initiative will also provide up to 50,000 low income families with a personal computer and access to a low-cost public internet plan for $10 per month. The goal of this initiative is to help alleviate isolation and poverty in rural communities by connecting them with urban Canada and creating new opportunities in their community.

V. Conclusion

This year’s Canadian Telecom Summit showed that the commercial opportunities created by telecommunication continue to broaden and that Canada is far from a global leader in this area. At the same time, there is a clear sense that the current government wants to make Canada’s technology economy more competitive and ensure that issues of privacy and accessibility are addressed. There is great promise in the commercial opportunities in this space, but measures like a clear spectrum allocation strategy and more competition in the telecom space is needed to spur more growth in this area.

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Mac Síthigh questions whether or not a technologically-neutral approach is really the best approach to media law and regulation. Building on the works of notable Canadian scholars and , Mac Síthigh finds that it is time to reflect and fall back on old notions of technology. The medium is still the message.

Furthermore, Mac Síthigh contends that knowledge of the nature of the technology is essential for regulation – an idea that harkens back to an . Understanding the essential characteristics of each medium “is absolutely necessary,” he said.

“We need to stop thinking about future-proofing as the answer,” Mac Síthigh argued. He further contended that there is a need for a more carful understanding of the role of the medium of communication in its regulation.

What happens when you take the nuance out of media law and regulation? You get terms such as , which, according to Mac Síthigh, is used in the United Kingdom. He says that the intention was to fend off arguments of regulating and as such “breaking” the Internet, but has the potential to create more problems than it solves.

This specific term raises a number of questions: What activities and projects are included and excluded by the term “T��-�������”? What exactly makes a TV programme, a TV programme, and not something else? Where exactly is the line drawn?

“Television itself is changing,” Mac Síthigh said. “The idea that one rule would fit all is very difficult to sustain in practice,” he said, furthering his argument that regulation should not be based on an attempt “to be technologically-neutral”.

Beyond careful consideration of language, it is also important to thoroughly consider legislative goals, which Mac Síthigh pointed out are not always easy to work out. However, if legislative goals are not clear and well thought out, the result could be different tax breaks for different methods of distribution with no clear reason for the difference, he said.

Mac Síthigh used many examples throughout his talk, which suggest that a technology-neutral approach to media law and regulation is not particularly desirable given the complexity of the constantly changing media landscape. While arguing for paying close attention to the media technologies themselves, Mac Síthigh suggested that there is the potential that policy goals can be fulfilled by tweaking IP law as well as through regulatory bodies, such as the Canadian Radio-television and Telecommunications Commission. For Mac Síthigh, which regulators have the potential to take on the burden of some of the future-looking issues that need to be addressed.

Amanda Oye is a PhD Candidate in the 91��ɫ & Ryerson Joint Graduate Program in Communication & Culture. Her research focuses on news media policy and practice, with an emphasis on the on-going development of public broadcasting in Canada, Great Britain, and Australia.

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Back in 2001, the Government of Canada—then led by Prime Minister Jean Chrétien—. In the sixteen years since, gallons of ink and plenty of bytes have been used to call for a domestic strategy to address the country’s . The release of the Government of Canada’s , which included and the , has changed the debate in the country, replacing recurring calls for action (for example, see , , , , , , , , , and ) with cautious optimism—.

It was against this backdrop of a renewed innovation impetus that Canada’s Minister of Innovation, Science and Economic Development, , gave the opening keynote for the in Toronto. Minister Bains used this forum to advocate for . In his speech, he commented that connecting Canadians through access to telecommunications services is necessary because:

In his speech, Minister Bains referred to enabling connectivity and bridging the “digital divide” between Canadians; however, doing so will require more than simply connecting Canadians through telecommunications services and digital technologies. Public and corporate policies must be updated to capitalize on the strengths and mitigate the negative ramifications of innovation-based economic activity. , Co-Director of the at the , described how at the same time that Israel has become a key supplier of new technologies, it has also experienced pronounced economic inequality. Canada’s Innovation Agenda, then, must look to address the many facets of our digitally-connected lives and work to promote inclusiveness and opportunity for all Canadians.

The segment that the IPilogue’s Content and Social Media Editor writes about describes how Canada’s telecommunications industry players are – and are not – preparing for the increasing adoption of digital and interconnected devices. Cerilli notes the vital role that telecom service providers play in providing the backbone of digital connectivity, and how consumers aYonida may become more, assertive about receiving higher standards of services.

Similarly, Yonida Kouiko’s piece, , focuses on another key aspect of interconnected Internet of Things (IoT) devices: users expectations of and their need for privacy. She notes how the European Union (EU) is working to update privacy laws to instill Privacy by Design (PbD)—an engineering approach that seeks to make users communications and data secure at the earliest stages. However, as Kouiko demonstrates, PbD requires investment and expenditure by technology producers and telecommunications providers—and she wonders whether consumers will be willing to pay increased prices for more secure means of communication.

Questions surrounding affordability arise again in IPilogue Editor As Shukla notes, concerns surrounding the affordability of telecom services in Canada and questions about the level of competition in the country’s telecommunications industry have been recurring issues for successive federal governments. Given the ISED Minister’s remarks, exploring new service delivery mechanisms and a continued focus on affordability for Canadians look to be prominent points of debate.

Yet, as , the Executive Director of reminded me , attaining inclusive innovation will also require digital skills and education. Organizations such as CFSC help provide the digital tools and skills necessary to increase the talent-level of Canadians in innovative sectors. While the federal government’s includes measures to address the faced by tech firms in Canada, developing domestic expertise and experience remain essential.

At the CTS17 , the Vice-President, Research at the , touched on one such area of expertise, noting that Canada currently suffers from problems with commercializing the ideas and knowledge generated by Canadian researchers and entrepreneurs. Part of this problem, Schwanen noted, is due to Canada’s poor track-record of utilizing intellectual property (IP) law to keep Canadian inventions in the hands of Canadian companies. Familiarity with IP law and commercialization strategies are important for attaining access to capital (through investment and licencing opportunities) and access to customers (through branding and the ability to prevent others from appropriating one’s technologies, goods, and services).

Enabling and are crucial to improving commercialization prospects and assisting with the growth of the country’s innovation ecosystem. IP Osgoode’s own – and a small number of other Clinics across the country (such as at the and the ) – help address gaps in Canada’s entrepreneurial support system by providing pro bono IP information and assistance to early-stage and under-funded inventors and companies.

The vast array of policy and commercial issues at stake in the development of Canada’s innovation agenda and national IP strategy are daunting but imperative. As the country is increasingly recognized for having its , the time is right for an inclusive Innovation Agenda that provides benefits for Canadian companies, consumers, citizens, and society at large. Positioning the country as an will require a strategy that lays the groundwork for that help Canada’s cutting-edge ideas become economically and socially beneficial products and processes.

Joseph F. Turcotte is a Senior Editor with the IPilogue and the Coordinator. He��holds a PhD from the Joint Graduate Program in Communication & Culture (Politics & Policy) at 91��ɫ and Ryerson University (Toronto, Canada) and can be reached .

��***

��The brings together the leadership of Canada’s telecom, broadcast, and IT industries. For its 16th year, the CTS focussed on and featured keynote presentations and panel discussions on the range of issues facing industry and public policy makers in Canada. IP Osgoode and the IPilogue team members thank the CTS’ organizers ( and ) and for their generous support to allow us to attend.

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The Minister’s comments echo Canadian and international research regarding the costs of wireless services across the country. For example, a 2016 (Nordicity is a consulting firm that produces an annual telecommunications services price comparison study), prepared for the Canadian Radio-television and Telecommunications Commission (CRTC) found that Canada ranks the highest out of 8 selected Organisation for Economic Co-operation and Development (OECD) jurisdictions in Level 1 service basket pricing of Mobile Wireless Telephony (the lowest usage basket) and second highest in Service Basket 3, 4, 5 and 6 (denoting higher usage). The OECD, , stated that to bring down the cost of mobile subscription, Canada needed more competition in the telecom sector by removing foreign ownership restrictions.

, Rogers Senior Vice President of Regulatory, argued that such reports and claims are flawed, because they only factor in the premium players and do not account for flanker brands like Freedom, Chatr, Fido and Koodo.

This claim is not entirely true; although the flanker brands were not used to calculate the national aggregate, they were analyzed in a to demonstrate the price difference between incumbent brands (TELUS, Rogers and Bell), the flanker brands, and new entrants such as Videotron (which recently ). Overall, these flanker brands were 14% cheaper than incumbents and the new entrants’ prices were a further 20% lower than those of the flanker brands. Thus, the new entrants were almost always cheaper than the incumbents. In certain price brackets (such as Level 4, that includes unlimited calling, 2GB data and 300 SMS), they would cost over 60% less than the incumbents. Consequently, competition from new entrants is good for consumers, as was re-iterated by , Executive Director and General Counsel, Public Interest Advocacy Centre, who bemoaned the lack of a fourth national carrier that could effectively compete against the incumbents.

Minister Bains also announced that the government has that route phone calls, texts and data through WiFi networks. Earlier this year, the CRTC ruled against WiFi-based providers, . These Mobile Virtual Network Operators (MVNOs) have had a fair deal of success south of the border; for example, Republic Wireless, which operates off the Sprint network, has had .

However, , the Senior Vice President of Federal Government & Regulatory Affairs at TELUS, argued that this approach works because Sprint is the weakest network in the US and has an excess network capacity. He argued that ninety-nine percent () of Canadians have access to LTE networks because Canadian telecom companies have been successful on the fronts of coverage, quality, and investment. He went ahead to offer cautionary advice against the WiFi first approach saying, “Don’t mess with success because that is actually what has got us here.” , Chief Legal & Regulatory Officer for TekSavvy Solutions, countered that MVNOs like Republic Wireless have at least been successful in stirring competition, bringing the prices down .

To end the panel, the participants were asked to place themselves in the shoes of the federal government , Chief Legal & Regulatory Officer and Executive Vice President for Corporate Development at Bell Canada, argued that Over-the-Top (OTT) services like Netflix should be treated the same as other broadcasters. For the , he argued that since there is a significant amount of facilities based competition, there should be less regulation. He was also in favour of keeping that stipulates carriers to charge a just and reasonable rate for their services.

Interestingly, Bibic was in favour of keeping , which provides the CRTC with powers to enforce net neutrality (the ). While Abramson batted for more transparency in the process, Woodhead was of the view that not much needs to be done in the Telecommunications Act. Woodhead also argued that , which deals with the objectives of Canadian Telecommunications Policy, needs to be looked at as it is conflicting and gives the CRTC broad powers and having a regulatory answer for everything is a bad macroeconomic policy.

Finally, Watt aptly summed up these conflicting opinions saying, “I think we can all see why the rewrite will probably take five years. I wish us all well.”

and the lack of competition from a fourth national player. It will be interesting to see how the CRTC responds to the call for review of its decision against Wi-Fi based MVNOs. Till then, .

Prasang Shukla is an IPilogue Editor and an International Business Law LL.M. candidate at Osgoode Hall Law School.

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The brings together the leadership of Canada’s telecom, broadcast, and IT industries. For its 16th year, the CTS focussed on and featured keynote presentations and panel discussions on the range of issues facing industry and public policy makers in Canada. IP Osgoode and the IPilogue team members thank the CTS’ organizers ( and ) and for their generous support to allow us to attend.

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