Separate spectrum and politics, Connolly says

Canada’s spectrum management regime should be reshaped to remove politics from the licensing process, said Mike Connolly, former director general of Industry Canada’s spectrum management policy. In a speech at the Canadian Spectrum Summit in Toronto on Thursday, Connolly said Canada’s spectrum regime, in which the federal Industry Minister manages spectrum licensing, is prone to lobbying and political influence, creating a “rather opaque regulatory process” and “perceived unfairness.” He said closed-door meetings with stakeholders in advance of major spectrum policy decisions, such as those that took place in 2011 as Industry Minister Christian Paradis was deciding on the policy framework for the upcoming 700 MHz spectrum auction, contrast with international standards for spectrum regulation. “This is not regulation in a fair, open and reasoned manner, as it is commonly understood and practised worldwide,” he said. Connolly said Industry Canada’s decision to issue wireless spectrum licenses through an auction, as opposed to a “beauty contest,” in advance of the 2008 AWS auction removes some ministerial control over spectrum regulation. He added that the minister has discretion over a “wide gamut” of policy decisions that can affect the outcome of auctions, who can participate in them, how much spectrum each player can obtain, related licence conditions, and the rules for transferring spectrum licences. “The minister is not bound to follow any defined rules of procedure. Unclear and diverse policy objectives offer little guidance and accommodate a wide range in regulation decision-making,” he said. Connolly said other OECD countries have transferred spectrum management to an arms’ length federal agency. “We need to ensure that Canada’s spectrum management institutions are the right ones for the times,” he said. “Let’s shape those institutions accordingly.” Former CRTC chair Konrad von Finckenstein had advocated for spectrum licensing and management powers to be transferred to the CRTC.

Separate spectrum and politics, Connolly says

Brief | May 2, 2013

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