CRTC Declines to Vary Result in CAIP v. Bell

| October 30, 2009

The CRTC has turned down CAIP's application to vary the CRTC's decision in CAIP v. Bell, finding no substantial doubt about (1) the correctness of its determinations that Bell's throttling of wholesale customer traffic does not control the content or influence the meaning or purpose of telecommunications it carries, (2) the completeness of the record used to make that decision, or (3) whether or not Commission fettered its discretion.  The Commission declined to review other elements of the application to review and vary on the grounds that Bell's traffic management practices would now be subject to the new analytic framework and tariff requirements set out in Telecom Regulatory Policy 2009-657.