Blang!

As I predicted, Bell has won the throttling complaint. There are no specific rules which prohibit providers from tampering with the network (on the contrary, the tariffs specifically require the providres to “manage” the network) and the CRTC did not find that Bell’s practices gave it any advantage over it’s wholesale customers since the throttling was applied evenly.

The CRTC also did not find any merit in the claim that throttling was a privacy concern on the basis that throttling certain types of traffic does not give Bell any insight into the content.

And perhaps the most controversial portion of the decision; the CRTC ruled that since users expect to wait for P2P downloads there is no harm in making them slower.

Now before everyone jumps all-over the CRTC lets keep in mind it was asked only to rule on whether or not Bell had violated its wholesale access tarrif. The decision is not an overall determination of whether or not throttling is good or bad and the CRTC has gone to great pains to emphasize this.

Accordingly, the CRTC has launched a public hearing on the overall topic of throttling. Telecom Public Notice 2008-19.