CRTC denies request asking Ian Scott to recuse himself on files related to internet competition

The Canadian Radio-television and Telecommunications Commission (CRTC) will not consider a request asking chair Ian Scott to recuse himself on matters relating to internet competition.

The Competitive Network Operators of Canada (CNOC) filed the request with the CRTC on February 3rd. The request stems from the CRTC reversing a 2019 finding that internet rates had to decrease after receiving appeals from large telecom companies.

These companies, including Bell, Rogers, and Telus, commission their services to smaller internet service providers (ISPs), who further distribute it to their markets.

CNOC alleged Scott was biased when making decisions on the file.

The CRTC reversed the decision on May 27th, 2021, more than a year after Scott met with the CEO of Bell Media, Mirko Bibic, in an Ottawa pub in December 2019.

The reply by Stephen Millington, the CRTC’s senior general counsel, also states CNOC’s request wouldn’t be published on the CRTC’s website because only members of the commission can decide if they want to recuse themselves from decisions. The commission is not involved in this process.

“Whether recusal is appropriate in a given case is a question that each member must decide each time they adjudicate a matter, and the present situation is no different,” Millington writes.

“The chairperson will consider whether to recuse himself or not, as he has consistently done in respect of all matters since his appointment, and he will render a decision with respect to his participation in those telecommunications matters at that time.”

Executive director and general counsel of CNOC Geoff White says the letter is a troubling attempt to avoid responsibility. “In refusing to publicly post our application and consider it, not only has the CRTC breached its own rules, but due process,” he said in a statement shared with MobileSyrup.

White shared the CRTC’s response with MobileSyrup.