For what it's worth, it's really good that Konrad and the CRTC commissioners have decided to take this on in a different light. The fact that it's gone back is helpful. You're right, it does seem to lead a little bit, but as this is the pre-phase of the hearing and they're asking for submissions on how they would structure it, one would hope the input will change how it currently is set.
On February 8th, 2011. See this statement in context.