In the wake of the CRTC's VOIP decision last month, ILECs have started to launch their appeals. In a filing to the Federal Court of Appeal yesterday, Bell, Sasktel and Telus argued a provision in the decision that prevents them from contacting residential customers who leave for another service provider for a year. This covers local phone, high-speed, LD, VOIP and TV. The ILECs are appealing based on freedom of speech in the Canadian charter. The truth is they should be appealing the CRTC ruling on silliness. It's one thing to hobble the ILECs from competing freely in the VOIP market so competition can be encouraged; it's quite another to shackle them in a variety of ways. The CRTC wants competition yet it seems intent on not letting ILECs compete. The CRTC also ignores a key issue in its VOIP ruling: the emergence of alternative tools that make the local market share numbers cited by the regulator look suspect. You can't make a ruling on local service if you ignore the fact there are 10 million wireless phone users out there.
That said, I believe ILECs are also engaged in another battle with the CRTC. In some respects, these appeals are as much PR campaigns as they are crucial business strategies. At the end of the day, ILECs don't want to be regulated by the CRTC for any service. The final hurdle is the $10-billion local phone market. With the VOIP decision, there will be active competition, and it may not be long before cablecos and players such as Vonage have 5% or 10% of the market. At some point, the CRTC is going to have to look at the competitive inroads and decide regulation is no longer needed. Then, it will let ILECs to do what they want. That's when things could get very interesting.