Ottawa, 29 February 2012
Our Reference: 545613
Mr. Ken Engelhart
Senior Vice President Regulatory
Rogers Communications Inc.
333 Bloor Street, East
Toronto, ON M4W 1G9
Dear Mr. Engelhart:
SUBJECT: File 545613,
Internet Traffic Management Practice (“ITMP”), Section 36 of the Telecommunications Act, S.C.1993, c.38, as amended (“Act”), and Paragraphs 126 and 127 of Telecom Regulatory Policy CRTC 2009-657 (“TRP CRTC 2009-657”)
I am writing with respect to the above noted file and further to your letter, dated February 3, 2012. We appreciate your comments and your stated intention to begin phasing out your traffic shaping policy.
We wish to convey that our testing has confirmed that Rogers acted swiftly and changed the technical ITMP, as observed between 14:00 and 16:00 on January 31, 2012. This change addresses the matter raised in our letter of January 20, 2012 regarding unidentified TCP traffic on default P2P ports. We appreciate Rogers’ willingness to respond to our test results and promptly address this issue with its technical ITMP.
As mentioned in our letter of January 20, 2012, our investigation is ongoing. As a result of further tests, we wish to bring to your attention that another issue has arisen with the application of Rogers’ technical ITMP. It appears that Rogers applies a technical ITMP to unidentified TCP upload traffic, regardless of the port used, when traffic from certain popular P2P applications is or was recently present. As with the previous issue we raised, there is the potential that time-sensitive traffic is being throttled. We believe consumers may be adversely affected in these circumstances. We are, of course, prepared to provide you with our testing results, once arrangements are made for delivery.
While we note Rogers’ intention to phase out its traffic shaping policy by December 2012, this issue appears to be an instance of non-compliance, and thus requires immediate attention. Therefore, we wish to meet with you as soon as possible to discuss the resolution of this issue, including a detailed plan, or your meaningful rebuttal of our evidence. Further, in the interest of ensuring that the December 2012 phase-out addresses any potential issues in the future, we invite Rogers to also provide the details on this initiative and its rollout.
Chief Compliance and Enforcement Officer