Mr. Speaker, I have been both exhilarated and disappointed today. We have before us a bill that on the one hand is being exalted as the greatest development that will advance the causes of technology and communication that has ever hit the floor of this House. It has given members of the government the opportunity to brag, to extol the virtues of how much they are doing to get Canadians on to the information highway and to make sure that all communities and all Canadians everywhere will be connected to this information highway.
At the same time these very same people recognize that there is not the capacity in Canada to do that right now. It is a noble goal, we all agree, and I support that, but the interesting thing with regard to this bill is that it has brought together two things that I submit do not belong together in the same bill. Whatever connection there is is tenuous at best.
We have one bill with two parts. The first part deals with amendments to the Telecommunications Act and the other part of the bill deals with amendments to the the Teleglobe Canada Reorganization and Divestiture Act. Those two things are completely separate. I submit that it would have been very much better if the government had submitted two bills, one which dealt with amendments to the Telecommunications Act, the other which dealt with amendments to the Teleglobe Canada Reorganization and Divestiture Act. It would have been far more successful and far more logical.
The issue behind this bill is to recognize the principle involved. There is not much doubt or argument about the basic principles of increasing competition, expanding the ownership possibilities of telecommunications vehicles and ending monopolies. It is rather encouraging that the Liberals, who tend to govern from the top down and intrude into business, have seen this as a major principle.
It is about time that Canadians recognized that government does not have all the answers. Yet within this very bill, we are reverting to government regulation and control of business.
I want to hearken back to the Information Highway Advisory Committee. This committee started with one set of recommendations in its first volume and then it came up with a second volume in which it began to implement things. One of the principles which the committee stated very unequivocally in the first report which it presented to the Minister of Industry was that the origin of the capital of a particular business, particularly a business in telecommunications, ought not to be so much the concern of the government, but rather the concern should be how that capital is applied. Is the capital applied in such a way that meets the economic and social goals of Canada? If the capital does those things it does not matter where it originated.
We need to focus very carefully and clearly on what it is we want to achieve in any legislation, particularly in legislation that deals with such a pervasive issue as telecommunications, the linking of people talking with one another through electronic means.
Two parliamentary secretaries expressed great pride in how broad the consultation had been on this bill. I do not know with whom they spoke. I have a report from an Internet service provider which arrived about five minutes ago. In fact, the report is from the legal counsel to the Internet service provider. He makes this observation:
I am concerned that this bill empowers the CRTC to declare that something is a basic telecommunications service, without any criteria to define “basic”, and then subject the service provider to a licensing regime. This licensing regime overturns the previous scheme of the Telecommunications Act in a fundamental way. The previous act—the one now in force—says that anyone may operate as a Canadian carrier who satisfies ownership criteria. The new one subjects every service that the CRTC wishes to regulate to a comprehensive scheme of licensing.
The key phrase is whatever service the CRTC wishes to regulate. This is a major departure. It is an intrusion into the operation of telecommunications such as we have never seen before. It was never a part of the Telecommunications Act.
When the Minister of Industry gave his speech in defence of Bill C-17 we were all enamoured by his commitment, by his seriousness and by his total support for the development of telecommunications and the whole business of innovation, science and technology developments and the application and commercialization of new ideas. He used the telecommunications business as an example of how this could be done. I congratulate the minister for doing that.
However, the minister failed to comment on one aspect of the bill which is an intrusion into the affairs of business. We have to get serious about that.
I want to refer directly to the mandate of the CRTC. The CRTC is a body with administrative and quasi-judicial authority. This is no itsy-bitsy committee whose members get together every once in a while to talk to one another and have a good time, go out for a beer or a coffee or whatever. This is a quasi-judicial body that can bind businesses or individuals and can determine how much you and I pay for our telephone rates. It can determine who will be the supplier of the pipe or the line or the fibre optic or satellite communication or wireless. It has the right to determine these kinds of things.
The CRTC has been given a brand new mandate and authority it did not have before. It has been given the authority, in clause 3, the new section 16, for new powers of licensing.
It is very interesting what these powers actually are. These powers establish classes of licences. That is one thing it does. It establishes the classes of services that would require a licence. Now we are hitting on two sides. First, it tells us the kinds of licences we will have. Second, it tell us these are the service providers who will be required to have a licence. They may be the same but they may also be different. The act is completely ambiguous in declaring exactly what is going to happen in this area.
I would like to make several observations with regard to this ambiguity. What does this ambiguity permit? First, it allows the establishment of many or few classes. The more classes there are the more administration, the more distributors, the more ways in which you find the CRTC getting into various areas. It decides how many of these classes there will be.
Second, it allows the CRTC to establish classes on an arbitrary basis. It does not provide any indication of the conditions and guidelines to be used before a particular class of licence is established. This is a figment of somebody's imagination first and then it is how much can fit here.
It sounds like someone who is getting ready for a Ph.D. dissertation. He takes a particular position and says this is my hypothesis. Then he draws a conclusion and says that this is my conclusion. He wonders around until he finds enough evidence to prove his conclusion given the hypothesis, rather than deciding on the hypothesis and looking for the evidence.
This is very serious. That is the kind of thing that could happen here. Far worse than that, the classes of licences could perpetuate obsolescence. It puts into a straitjacket the conditions that qualify a business or service provider getting a licence in the first place. That is terrible.
We would not have the advancement in telecommunications if we had had these kinds of constraints placed on new service providers, with new ideas and new ways of applying the technology. We should look at this very carefully.
The CRTC may now establish the conditions for the licences. Not only can it establish the classes of licences, the kinds of businesses that would be required to have a licence, but now the conditions. These too have no guidelines.
What will the conditions be? Will a service provider need a particular financial capability? Does it mean there has to have a particular concentration of ownership or if the ownership is too concentrated it will not get a licence? Will it be a coverage area that is involved or the range of services that will be provided? Then the question becomes is this a range of services that relates to the Internet? Will this be a service that will be on the information highway or could it be something that is independent of that? Will it have to do with the number of technical people who are employed by an organization or will a certain portion of the profits have to be be placed into R and D? Are these some of the conditions that are going to be placed on the licensee? We do not know.
However, we do know that the government is already on record insisting that in order for a certain kind of business to operate it must commit a certain proportion of its earnings and revenues toward research and development. I do not think that is necessarily a bad requirement. In fact, we need far more research and development in this country.
Canada is well down the list of OECD countries in spending on R and D. As an industrial nation it does not fare well in the way that the government presents R and D. Government does not provide as much money to research and development as could be the case. Neither does private enterprise commit to research and development in the proportion that it should. We need that kind of commitment. For that to be a possible condition for a licence is rather difficult.
These are some of the questions on the business of licensing. However, there is an even more significant part to licensing. It is not only the people who will get the licences and the conditions of licences, the bill goes even further and states that the CRTC may establish conditions relative to circumstances of the licensee.
This raises all kinds of questions. Does this now escalate the problem above and beyond direct political and/or commission arbitrariness. Now we are not only determining the conditions but the circumstances that would be involved.
It could prevent certain people from entering the market by making regulations that are so demanding it would be impossible for them to ever get into the business. It is sort of like issuing a tender for a motorcycle and setting the specifications for that motorcycle in such a way that there would only be one possible manufacturer that could meet those specifications. These are very serious possibilities.
There is also the possibility of capriciousness, which is to set different conditions for one class of licence apart from another class of licence so that in one case it may be on a certain financial base, while on the other side financial basis will not matter, but the concentration of ownership will.
It could also bring about that those who would get a licence would be friends of the government, those who are friends of management or directors of the CRTC, perhaps people in a particular management structure. Who knows? This could possibly create different cost structures for different classes of licences. We do not know what the circumstances would be.
If we put those four things in the legislative provision of licences, we would begin to ask ourselves how could anyone truly and honestly and fairly administer such a system?
If I was a bureaucrat and I wanted to establish myself as a bureaucratic entrepreneur, that is getting more and more people to come under my supervision, I would use this kind of a system. It would mean that I could have the whole world before me. I could create the types of licences I wanted, the kinds of services that would get the licences and then I could determine the conditions and the circumstances. It would be possible to build an empire that would be so great that it would be absolutely impossible for anybody to do anything without first of all coming to me to ask “How will we do this?” It has tremendous and horrendous implications.
The bottom line question in all of this is that it does not increase flexibility. It is the very opposite.
Not long ago the CRTC stated in one of its publications that it wanted local competition, a development I heralded with great support at the time and still do. I think it is wonderful. A great thing has happened, and I think the bill moves away from it.
In 1995-96 the commission initiated four different public proceedings to put into place conditions for effective competition in the local telephone market. These proceedings deal with co-location, local interconnection, network component unbundling, local number portability and price cap regulation.
Co-location is intended to facilitate competition by providing competitors with the option of delivering their traffic to local switches over either leased or owned facilities.
Unbundling refers to the requirement that incumbent local telephone companies make available at tariffied rates elements of their facilities to which competitors would require access to effectively enter the local telephone market. This is a tremendous policy for the CRTC to develop. It is exactly what should happen.
Last night I had the opportunity to meet with a couple of entrepreneurs who were doing exactly that. They have put in the ground loops of fibre optic cable which now allows them to get into local telephone market. This will put them in direct competition with the B.C. Tels and the Bells that have monopolies in these areas. Finally we have competition. That is absolutely tremendous and the CRTC ought to be commended for it. The legislation indicates what the CRTC did over here but gives it the power to frustrate what it had over there.
The CRTC goes on to say that another major element of the Reform Party was a series of adjustments to local telephone rates which stem from the commission's split rate based decision to bring prices closer to the true cost of providing service. This adjustment will produce artificial subsidies to residential local service that complicate the introduction of competition.
Implementation of a price cap regime will also give service providers more freedom to price individual services and to reap the benefits of productivity improvements.
This is tremendous stuff. In spite of that concern I have complete support for the other part of the bill which would change or amend the reorganization of Teleglobe Canada Reorganization and Divestiture Act. That should be moved forward expeditiously. Tomorrow we should do that if we possibly could.