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INDU Committee Report

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NDP SUPPLEMENTARY OPINION

The committee hearings into the foreign ownership rules and regulations in the telecommunications sector have raised many issues and concerns brought forth by many witnesses who testified. The only effective conclusion that appeared to sustain any consensus by committee members was that simplistic proposals will not address the challenges in the sector faced by consumers, commercial participants, cultural industries and future innovation by Canadian technology companies.

Given the recent spectrum auction which created the opportunity for three new entrants that have just begun operations, now is the time to stay with the original plan for the next two years to let the market evolve and competition to take place between the new entrants and the established incumbents. Furthermore, significant capital has been deployed and business planning developed and implemented based upon the expectations set out by the government when the spectrum auction took place that the rules setting aside spectrum available only for new entrants, with no mergers with established operators allowed, would remain in place for the time specified. To change the present regulatory regime during this period is unfair and discriminatory to those who complied with rules expecting them to be in place for the expected time. 

Competition issues not addressed by the government’s proposed changes:

  • The removal of foreign ownership rules in the telecom sector will lead to takeovers and mergers of existing Canadian firms, resulting in the same market structure of only two or three competitors which has been the experience in other markets that have lifted foreign ownership limits.  
  • As various studies have expounded, Canada has some of the highest prices for wireless telecom services in the world, and consolidation by foreign companies won’t address this problem.
  • Leading foreign investors and market experts in the wireless telecom sector have stated that during the next few years there will be major consolidation in the sector. All small and medium-sized operators are looking for appropriate M. &A. deals to be able to secure their position in respective markets. Removing foreign ownership limits in Canada would put the Canadian wireless market in the global consolidation process.

Innovation issues not addressed by the government’s proposed changes:

  • As has been experienced in the larger technology sector, ownership determines where research and development takes place.
  • The bankruptcy and sell off to foreign companies of Nortel’s, previously Canada’s largest private funder of research and development, divisions has lead to a significant set back in Canada’s wireless research and innovation.
  • Removing foreign ownership restrictions in the sector will accelerate the process of further research and development being moved offshore to detriment of Canada’s longer term innovation and productivity.

Cultural sovereignty issues not addressed by the government’s proposed changes:

  • With the convergence taking place between media, the internet and the wireless sector significant concerns and issues are being raised on its impact on Canada’s cultural industries
  • The effectiveness of Canadian content rules and regulations must be examined to ensure the vibrancy and robustness of Canada’s cultural industries
  • Removing the foreign ownership restrictions in the wireless sector before a comprehensive examination and a new regulatory apparatus has been established will undermine Canada’s cultural sovereignty.

Consumer issues not addressed by the government’s proposed changes:

  • Increasing foreign ownership won’t solve the problem of the need for enforceable rules ensuring consumer friendly standards and conduct by providers.
  • Foreign ownership will not lead to lower prices for consumers if consolidation, which is the experience in other countries’ wireless markets, is the end result rather than competition which must be ensured by effective regulation  
  • The need is a ‘Wireless Consumer Bill of Rights’, which includes significant consumer protections, anti-gouging measures, and a real complaint system where consumers are listened to seriously and enforcement actions are taken rapidly against non-complaint companies
  • Office of the Commissioner for Telecom Complaints that the government created a few years ago, has not been effective and needs to be reformed
  • The need for universal access guarantees to wireless telephony, which is institutionalized in others countries, must be established so that affordability and equity is maintained in the marketplace.

In conclusion, the present foreign ownership restrictions and the strategy in place tied to the spectrum auction must be maintained for the next two years. A further study examining the significant convergence of media, the internet and the wireless sector and its impact on Canadian cultural sovereignty needs to be undertaken before fundamental market structures a changed. The onus is on the incumbents and the new entrants to provider greater customer service, world leading innovative products, and more competitive prices for consumers which are the true tests and most relevant measurements of the success of any regulatory regime.