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ARTICLE · 28 OCTOBER 2009

CRTC Shapes Canadian "Net Neutrality" Rules

McCarthy Tétrault
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The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued decisions to conclude two important Internet-related proceedings linked closely to concerns over "net neutrality".

CanadaIntellectual Property

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued decisions to conclude two important Internet-related proceedings linked closely to concerns over "net neutrality". The first decision, which pertained to Internet traffic management by ISPs, set out ground rules that:

  • prohibit content-blocking,
  • require prior approval for throttling or shaping wholesale connections sold to other ISPs,
  • require advance notice followed by a waiting period before shaping traffic on retail connections, and
  • establish a framework for reviewing traffic management practices on the grounds that they are not necessary or proportional.

The second decision, which pertained to audio and audiovisual content on the Internet, created a similar framework for reviewing discriminatory behaviour in respect of the making available and delivery of such content.

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