Raising Foreign Ownership Limits for Telecom in Canada

In their recent speech from the throne, the Canadian Government indicated their intention to raise foreign ownership limits with regard to the telecom industry. This is a decision long overdue, although one that requires balance and diplomacy when it comes to achieving the desired goal, something that the ruling Conservative Party has not been able to accomplish.

On the one hand they want to increase competition so as to lower consumer's monthly bills, yet on the other hand they also want to spur innovation by allowing existing companies access to foreign capital investment.

The demand for Internet and mobile networks is growing far faster than companies had anticipated and they will need to continually invest and expand their infrastructure which requires a lot of capital. The fear is that without foreign investment there would be further consolidation so as to pay for ongoing upgrades.

Canadians are of course effectively united in their distaste of their monthly mobile phone bill, which is the real target of this propposed policy. Allowing foreign competition in the mobile marketplace so as to increase competition and reduce what we have to pay.

In fact it was the earlier Cabinet decision to over-rule the CRTC with regard to Orascom/Wind that has precipitated this change in foreign ownership limits. Wind is the first of a number of new entrants who participated in the Government's recent spectrum auction, and they have started providing service in Toronto, Ottawa, Calgary, and Edmonton.

Since the federal cabinet gave Wind an exemption they pretty much have to extend that similar ability to raise foreign capital to the other companies. It is expensive to enter the telecom market, and so in order to ensure competition, the Government will raise foreign ownership limits.

The real fear is that if they do not raise foreign ownership limits, then the existing dominant companies would just buy up the new entrants as soon as they started to run into trouble. In fact many industry analysts saw this as inevitable without foreign investment.

Yet while telecom was an area mentioned in the throne speech, it was not addressed in the budget. Instead I suspect it will get it's own bill, and be dealt with distinct from the budget as it is a substantial issue that the government will want to be able to take credit for and spend time on the details.

The throne speech had a number of references to innovation and issues of the knowledge economy so I'm wondering if either the government has a larger "digital Canada" plan, or if they need and are scrambling to find one.

One of the other areas mentioned however was satellites, which while not as immediate and visible to Canadians as mobile companies, satellites do have a lot of potential for helping with rural internet access, as well as other communication services in general, such as television.

In fact I wonder if the satellite provision had a lot to do with dealing with the grey market that exists here in Canada with people using dishes to get US satellite TV. I think this decision will allow for those US companies to enter the market and therefore force those Canadians to either pay or get cut off.

Finally, when it comes to increased foreign investment in important communications infrastructure, there is the important issue of Canadian sovereignty and control.

The government for example did emphasize that foreign ownership of these areas was acceptable in so far as it did not harm Canada's national security, which is always used as a kind of blanket term to include anything related to the military, law enforcement, or the intelligence services. The subtext to that is surveillance. That foreign companies would be allowed to operate in so far as they allow the state to have the same type of access they already have to Canadian owned and operated networks.

However national security is only one side of sovereignty, the other being national identity, or culture. We underestimate just how much power and control our telecom companies have, and just how powerful the company that controls our internet connections will be.

Culture is such an abstract and evolving concept that it would be dangerous to allow external powers to decide what is and what is not appropriate use of the Internet. Copyright is one easy example of how this might become contentious, but political and religious expression are another.

Yet I also feel it's important to not be falsely romantic. The companies we currently have, who currently control our Internet, are effectively tyrants and oligopolists who gleefully gouge us. The idea of opening up the market to foreign competition is basically one of using the rest of the world to pressure our local bullies into playing a bit more nice with the rest of us.

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Competition

While it once meant something, the benefits of competition are generally overrated today.

I remember when competition was first introduced into the Canadian telephone market. It was going to save Canada and do it for free! So why does my home phone cost about 4 times what it did under an oppressive monopoly, despite basic service still being "regulated" (HA!HA!HA!) by the CRTC? For that matter, why do cell phones STILL sound about as clear as two soup cans strung together with wire?

In today's corporate world, real competition is usually just a temporary situation. If you bring more foreign players into the Canadian scene, they'll probably just get snapped up or (more likely) they'll snap up existing Canadian companies within a few years. Ultimately, we'll just be trading one oligopoly for another, probably one with even less interest in the Canadian clientèle than the oligopoly we have now, since we'll make up a much smaller percentage of their customer base.

Sure, it's not beyond the realm of possibility that service might get a tad better or prices may freeze for a few years. But only until the market sorts itself out and returns to oligopoly status. Ultimately, I doubt you'll truly notice any difference. Yes, things will assuredly change due to natural technical development, but allowing more competition/foreign capital will not be the reason. Perhaps the biggest change is that switching companies become even harder and packages will be even more complicated. Another possible change is that the CRTC will probably decide to take an even more hands off approach, letting the "improved" market decide. They will, of course, continue to exist, no matter how irrelevant they make themselves.

I get really nervous when a government interferes with an arm's length body, like it did with the Wind decision. The action smacks of conflict of interest or a hidden political agenda, especially when the policy wasn't an election platform or the change didn't go through Parliament as legislation. I don't trust any government with such a back door kind of move on long standing policy, especially when there's so much money on the table. And it's not like this particular government is obsessed with Canadian cultural sovereignty, either.

Besides, the very reasoning behind such change is suspect. "Their service sucks, so they need more capital." More capital? Does the Bell consortium not already own half of Canada? Has Rogers had to sell some of their company Countaches? Perhaps we should hold a telethon for the poor telephone companies because they're always cruising for handouts and looking for ways to bump stock prices. Their services are a joke and an expensive one at that. The only reason we use them is because we are a society so addicted to technology, we'll jump on whatever they're pushing. They know it and they crank out corresponding mediocrity.

I think the only real way to get better service is a combination of consumer and government/CRTC activism regarding price AND quality of service. In other words, it ain't ever happening. As usual, the companies will demand government subsidies or policy changes in order to improve or create new services, get what they want with no strings attached, deliver the service poorly and overcharge for it.

Any new players will just do the same.

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