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CRTC outlines rules for virtual wireless companies but they'll still need their own networks

The CRTC has published new rules governing cellular networks known as Mobile Virtual Network Operators, or MVNOs rules the telecom regulator saysit hopes will provide greater competition in the wireless market.

True MVNOs with no infrastructure of their own still won't be permitted

Canada's telecom regulator is setting the ground rules under which Mobile Virtual Network Operators can set up shop in Canada. (David Paul Morris/Bloomberg)

The CRTC has published new rules governing cellular networks known as Mobile Virtual Network Operators, or MVNOs rules the telecom regulator saysit hopes will provide greater competition in the wireless market.

True MVNOs are cellular networks thathave no infrastructure or spectrum of their own, but simply resell wholesale access to incumbent networks to consumers, typically for much cheaper.

Mint Mobile, owned by Canadian actor and entrepreneur Ryan Reynolds, is an example of a U.S. MVNO, whichsells unlimited data, talk and texting plans within the U.S. for $30 a month. The company has no cellphone towers or spectrum rights of its own, but simply buys "space" on other companies' cellular networks and resells access to it to consumers.

Last year, Canada's telecom regulatorestablished a policyto set ground rules for MVNOswishing to operate in Canada. Under thosenew rules, a company likeMint still can't operate in Canada because the CRTC requires any MVNO to have its own network somewhere in Canada, in order to piggyback on existing networks in the rest of the country.

Specifically, they must already have their own spectrum license, and plan to build a network in the region they want to piggyback in within sevenyears. If they can meet that bar, they qualify but the only companies that meet it are existing ones.

On Wednesday, the regulator released more ground rules for any quasi-MVNOs wishing to set up shop. The telecom regulator didn't change any of the basic framework it established in 2021, but did provide some more detail on what it wants to see happen now.

The major incumbents "must now begin accepting requests for access to their networks and enter negotiations with regional wireless providers to agree on wholesale MVNO rates," the CRTC says.

The regulator says those negotiations will help ensure that qualified MVNOshave access to 5G networks where applicable, and that calls on their networks are not dropped as customers travel between coverage zones.

The regulator also says it has denied several provisions that would have made MVNOs more restrictive or difficult to use by regional players, and says it will block any move that would restrict regional providers from reselling their wholesale access to other MVNOs.

"We are one step closer to implementing our policy that will enable regional providers to offer wireless services in areas where competition is limited," CRTC chair Ian Scott said in a press release. "This will help provide more affordable options to millions of Canadians while increasing competition. We expect the large providers to negotiate in good faith and come to an agreement as quickly as possible with regional wireless providers."

WATCH | Comparing internet and mobile pricing:

Do Canadians pay too much for internet and cellphone service?

2 years ago
Duration 7:33
Consumer advocate and wireless bill expert Mohammed Halabi helps explain why Canadian internet and cellphone bills are so high and what consumers can do to negotiate lower prices.

Consumer advocacy group OpenMedia says the regulator is doubling down on a policy that was a mistake in the first place.

"They have just been 100 per centcommitted to the facilities-based or or physical infrastructure-based competition model, which simply hasn't served Canada," saidcampaigns directorMatt Hatfield."We've been trying it for over a decade and it doesn't actually happen."

The new rules make it look like the door has been opened to MVNOs but "in practice it actually locks out those kind of competitors from almost every circumstance," he said.

Anthony Lacavera, who co-founded Wind Mobile, whichlaunced in 2009,says a major problem with Canada's telecom landscape is that there are no purely wireless companies. Incumbents like Bell and Rogers started in landline telephones and cable, respectively, before moving into wireless.

"We're the only OECD country that doesn't just have a wireless-only competitor," he told CBC News. "That's why prices are higher in Canada,that's why the customer service experience is so much worse and that's why the networks are not as reliable as in other OECD countries, full stop."

He doesn't think MVNOs are the answer because good wireless networks require investment, but ultimately he thinks the issue is a distraction to the real problem anyway.

"The ability to enable resellers is really truly just shuffling deck chairs on the Titanic we've got to focus on the big problem," he said. "If we really want lower prices, we got to fix it structurally."

Consumers feeling squeezed

Cellphone userKarima-Catherine Goundiamis among those who thinks the current system needs fixing. A technology entrepreneur, she travels abroad extensively for work, and says she's always shocked by what's available in terms of deals for cell servicecompared to what she's used to in Canada.

She's not particularly familiar with the new rules for MVNOsbut, based on her experience, isskeptical that they will help much.

That's because in general, Canada's wireless market"creates an apathy on the part of the customerwho just ... basically throw their hands in the air and say 'whatever' because you know all of them are the same," she said.

With files from the CBC's Philippe de Montigny