Intervention: Cree Nation Government and Eeyou Communications Network

Document Name: 2015-134.223995.2394518.Intervention(1fbm#01!).pdf

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 1/46

Presentation
To the
Canadian Radio-Television and
Telecommunications Commission
July 14, 2015
Public Notice 2015-134
Review of Telecommunications Service
Basic Services Objections
Presented by
Cree Nation Government
Eeyou Communications Network

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 2/46

Table of Contents
Synopsis:
1 The Intervenors: 3
2 Summary of Recommendations 4
Detailed Submission:
Identifications of Intervenors:
3 Cree Nation Government (CNG) 6
4 CNG-ECN Relationship Information 7
5 Eeyou Communications Network (ECN) 8
Community Information:

6 ECN Telecommunications Services and the Community 9 Comments and Replies to CRTC Public Notice (PN 2015-134) 7 The Telecommunications Act 13

8 Questions Posed in the Public Notice 15
Related Documents:

Appendix 1: ECN Technical Description and Background 30 Appendix 2: Preliminary **** Study on Internet Speeds and Advertised Rates In the **** Bay/Eeyou Istchee Region 36

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 3/46

Synopsis
1. The Intervenors:

Cree Nation Government (CNG) is the administrative arm of the Cree government. It has responsibilities in respect to environmental protection, the hunting, fishing and trapping regime (Section 22), economic and community development, the Board of Compensation, and other matters as decided by the board of directors.

The Board of Directors is made up of the Chairman of the Cree Nation Government (CNG), who is also the **** Chief, **** Coon Come, and the Vice-Chairman **** Mark, as well as the Chiefs of each of the nine Cree Communities, and one other person from each community delegated by the community.

The headquarters of the Cree Nation Government (CNG) is located in Nemaska, **** Bay, Quebec.

Eeyou Communications Network (ECN) is a not-for-profit telecommunications corporation that provides broadband carrier services for the Cree communities of Eeyou Istchee and municipalities of the **** Bay region.

ECN delivers advanced, reliable and cost-effective network access for the benefit of communities, populations, businesses, organizations and governments.

ECN is a Non-Dominant **** in the **** Bay territory duly authorized the CRTC.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 4/46

2. Summary of Recommendations:

(1) High-Quality Internet service is a critical element in the Canadian telecommunications system and should be included as a Basic Service Objective; and as a Basic Service, High-Quality Internet (minimum 5 megs download/1 meg upload as of 2015) service should be subsidized in remote and outlying areas to insure that all Canadians receive the same quality service and rates as urban consumers. This minimal objective is for today’s services; with the evolution of technologies and consumer needs, future requirements are expected to be significantly higher and should be reviewed on a scheduled basis within two years.

(2) In any community that is subsidized under the Nation Contribution Fund, the Basic Service Objectives should be considered as obligations, not targets.

(3) The NCF subsidy for telephony should be continued; and as telephone services migrate to a digital platform and/or digital providers, consumers should have the portability with the opportunity to integrate this subsidy for access with an Internet provider to obtain a greater range of services.

(4) To insure consumer protection and consumer benefit, consumers should have the right to select the provider of their choice and the subsidies for their services should be portable. Just as consumers can move their phone number from one provider to another, when they move their services, so should they be able to move their subsidy.

(5) The CRTC should review the subsidy issue to insure that subsidies represent/support consumers located in those regions; we call on the CRTC to recognize that the subsidy program was put in place for the benefit of consumers, not telcos; and subsidies should flow directly through consumers. (In some of these HCSA communities, there are local non-profits community telecom providers). Were the subsidy to flow based on the consumer’s choice, a competing firm might offer a wider range of services using a different technology or architecture.

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(6) Internet performance (real-time rates vs. aspirational / advertised rates) should be measured and reported accurately and publicly. Speeds should be advertised only as a measure of actual delivery speeds. All services should be delivered as advertised.

(Imagine a telephone service with long-distance that works only “up-to” a set distance but decreases when more users access the service?)

(7) If NCF subsidies continue as direct allocations to telcos, the portion for local distribution costs and transport charges should be calculated separately. Further, any provider who is subsidized for transport should be obliged to spend the subsidy to access the most efficient network available to them. This helps ensure that the subsidy is used effectively and will benefit consumers rather than telcos. When a higher-quality network or a more robust network is available in a region, in order to maintain the subsidy, the provider should be obliged to migrate transport to the higher quality network.

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Detailed Submission
Identifications of Intervenors:

The Intervenor is the Cree Nation Government together with the Eeyou Communications Network.

3. Cree Nation Government (CNG) is the administrative arm of the Cree government.

The Board of Directors is made up of the Chairman of the Cree Nation Government (CNG), who is also the **** Chief, **** Coon Come, and the Vice-Chairman **** Mark, as well as the Chiefs of each of the nine Cree Communities, and one other person from each community delegated by the community.

Map of the Region

The Headquarters of the Cree Nation Government (CNG) is located in Nemaska, **** Bay, Quebec.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 7/46

4. CNG-ECN Relationship Information

CNG initiated a telecommunications project in 1998 so that the interest of the communities could be adequately represented in the development and construction of developing telecommunications services, and acquire facilities that would promote digital communications.

At the time, it reviewed the needs and requirements of the residents and the services and concluded that, for the region to succeed in its approach to economic development and economic self-reliance, it required modern and up-to-date fibre-optic facilities for advancement.

It met with the incumbent telco on many occasions to review these matters before concluding that the only effective way the people of the area of Eeyou Istchee and **** Bay could benefit from a modern fibre-optic network was for the CNG to work in partnership with the non-Aboriginal residents of the region, regional institutions and other utilities and the Quebec and Canadian governments to develop a community-controlled network.

CNG developed a strategy for the acquisition of funds and resources and together with its partners and formed the Eeyou Communications Network.

The CNG has one representative on the Board of the Eeyou Communications Network and owns 74% of the assets of the company.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 8/46

5. Eeyou Communications Network (ECN) is a not-for-profit telecommunications corporation that provides broadband carrier services for the Cree communities of Eeyou Istchee and municipalities of the **** Bay region. ECN is a Non-Dominant **** in the **** Bay territory duly authorized the CRTC.

Eeyou Communications Network brings diversified connectivity to global telecom networks, content providers and to Internet service providers to enable a broad range of social and economic opportunities for consumers in the Eeyou region. Eeyou Communications Network supports technology that encourages cultural diversity and supports social autonomy for the communities and the region.

ECN Vision is stated as follows: To provide the **** Bay region with telecommunication services of quality, at tariffs that are comparable to those in metropolitan areas in a sustainable way, using local resources as much as possible. Its business model is for the ECN to provide open-access Internet transit services and data transport services over its 5 Gbps MPLS backbone in all of the 14 Aboriginal and non-Aboriginal communities of **** Bay Eeyou Istchee. The revenues generated are allocated to three uses: operation expenses; a renewal fund to replace equipment and fibre cables at their end of life; and expansion projects.

As part of its mission, ECN aims at providing its services to residential and institutional consumers in **** Bay Eeyou Istchee at the lowest rates possible.

The ECN Board of Directors is comprised of local stakeholders from non-profit organizations and three founding members. This helps ensure that the network's governance meets the needs of individuals, organizations and communities situated in the region. Its membership includes its founding members: **** Loon, **** Menarick, and **** Petawabano; and its member organizations are: Cree Nation Government, **** Council of the Crees, Administration Régionale Baie ****, Cree School Board, Commission Scolaire de la Baie ****, **** Bay Cree Communication Society and Cree Board of Health and Social Services of **** Bay.

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6. ECN Telecommunications Services and the Community

ECN has been operating its 1,800 Km fibre network since July 2011. It provides telecommunications services to several public and private sector organizations in the region such as school boards, municipalities, utilities, Internet service providers, airports, band councils, local governments, hospitals, clinics and other businesses and organizations. While it does not yet provide services to household consumers, the network's long/medium term strategy involves extending a complete range of telecommunications service to households.

ECN operates this network with a lean mix of in-house personnel and outsourcing tasks to external consultants. ECN currently employs 6 people, generating revenue of $3M per year and managing over $35M worth of telecommunications infrastructure assets. ECN is constantly training and hiring local personnel to increase local expertise and reduce dependency on outside service providers and consultants, and contribute to economic development in the **** Bay Eeyou Istchee region.

The ECN network has been phased in since construction began in 2008. Currently Phase 1 is in full operation and Phase 2 is under construction.

In its current coverage, ECN's phase 1 project connects 11 of the 14 communities of **** Bay (Chapais, Chibougamau, ****-sur-Quévillon, Matagami, Radisson, Wemindji, Mistissini, Chisasibi, Waswanipi, Ouje-Bougoumou and Nemaska) to its backbone infrastructure. Each community has a local fibre loop, a point of presence and full connectivity to the network.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 10/46

ECN Topography
Current Network

In its Phase 2 stage, construction is underway to connect the remainder of the communities (Waskaganish, Eastmain and Whapmagoostui). It will also close the Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 11/46

regional fibre optic ring to increase network availability and robustness for the mission critical traffic of many vital local organizations, such as health centres, that transit on ECN backbone.

ECN Topography
ECN Phase 2
HQ Chamouchouane
LG1 HQ Rad.
HQ Nemiscau
HQ Abitibi
Wemindji
Waskaganish
Quévillon
Matagami
Whapmagoostuui - Kuujjuarapik
Radisson
Oujé
Bougoumou
Chapais
HQ Chib.
Eastmain
Nemaska
Mistissini
NOC
Laboratoire - Formation
Waswanipi
Rouyn
NOC
****
Washaw
Sibi
**** Telecom Networks
& Service Providers
Fibre Optique
Faisceaux hertziens
Phase 2
PoP RCE réseau fibre
**** project

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 12/46

ECN has a point of presence in St-Félicien through which traffic to other networks such as the Internet transits. A second point of presence in **** will be implemented, which will improve redundancy through geographical diversity for network entry and exit points.

A parallel infrastructure project aims to connect the Atikamekw community of Opitciwan (Obedjiwan) to ECN's network, in partnership with the municipal organization ("Conseil Atikamekw d'Opitciwan"). This project will bring triple-play service - including broadband Internet services – to consumers in Opitciwan.

Subscriber base: ECN presently provides data access and traffic services to more than 30 organizations in the region at more than 100 locations. For many of those subscribers, ECN's Internet Transit and data tariffs have reduced costs by a factor of more than 20, in comparison to the rates of the incumbent service provider.

(See Appendix 1 for additional detailed information on Eeyou Communications Network) Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 13/46

Comments and Replies to CRTC Public Notice (PN 2015-134 7. The Telecommunications Act

In the Telecommunications Act, we cited the following extract:

Objectives

7. It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives

(a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions;

(b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada;

(c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications;

(d) to promote the ownership and control of Canadian carriers by Canadians;

(e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada;

(f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective;

(g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services;

(h) to respond to the economic and social requirements of users of telecommunications services; and

(i) to contribute to the protection of the privacy of persons.

There are some specific issues that the Act cites that this Intervenor wishes to address:

(1) While this Commission has shown commendable judgement in insuring that services are Canadian-owned and beneficial to the people of Canada, it has not fully Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 14/46

re-affirmed its authority to enable section h) that legislates the unqualified authority “to respond to the economic and social requirements of users of telecommunications services”. In this respect, persons living in underserved, remote and rural communities have not fully benefitted from the other provisions of the Act, such as receiving innovative, efficient and effective service. It is our view that the Commission needs to address the “social” aspects of this Act at this time, if only to rebalance the growing importance of new telecommunications services.

(2) The Canadian telecommunications system is more and more divided into a number of technologies that are converging to deliver similar services. These differences in these technologies are significant and impact on the quality and availability of services.

We distinguish these technologies by their use for transport and local distribution as:

o In transport, there appears to be three types of service used by telecommunications carriers to transport network signals: satellite, microwave and fibre-optic cable.

o In local distribution, there are two main systems: cellular and (copper or fibre) landline (with Wi-Fi as an extension of landline service).

Every technology cited, whether transport and distribution, has a different capability and can serve the social benefit in its own way. In our view, rather than define subsidies by the specific service, these technological distinctions are better references to distinguish types of service zones. Specifically, the use of a subsidy to service and maintain a microwave network where a fibre network could be in place is not an effective use of a subsidy; as well, an area that can only be served by satellite should be subsidized accordingly.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 15/46

8. Questions Posed in the Public Notice 2015-134

1. Canadians are using telecommunications services to fulfill many social, economic, and cultural needs in today’s digital economy.

a) Explain how telecommunications services are used to meet these needs. For example, uses may include e-commerce (i.e. the online purchase and trade of products or services), e-banking and/or telephone banking, e-health or telehealth services, telework, and distance education. Which of these uses of telecommunications services are the most important to ensure that Canadians meaningfully participate in the digital economy?

Answer: While all online services are of importance, their relative value can best be determined by the area of service. In large metropolitan centres and in rural and remote communities, basic infrastructure makes different demands on the population: hospitals, schools, factories, entertainment facilities and/or local and regional government. In this respect, our geographic focus is on rural and remote areas, most of which are defined as High-Cost Serving Areas (HCSAs). Given the lack of local and regional 'offline' services, these areas have a higher dependence on telecommunications and communications services and can benefit more directly from these facilities.

There can be no question that distance education can bring post-secondary opportunities to those in regions with no facilities; or that e-medicine can bring emergency relief where there are no hospitals.

When it comes to the public, broadband Internet is a basic communications requirement.

When it comes to institutions and public agencies, data is required. Internet needs can be served using shared bandwidth and/or proxies; however, data requires significant bandwidth, all of it affordable, accessible, adequate, secure and available.

In the **** Bay territory, the Eeyou Communications Network has had to make tough choices with regards to which services can be delivered immediately and the order of importance of these services. In these cases, the ECN made the choice to prioritize public institutions (health, education, justice and emergency services) with data on an unlimited Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 16/46

basis; and then to provide a fibre-to-the-home system that provides residential/household consumers with a triple-play package of services.

b) Explain which telecommunications services are most important to support these needs and uses. What characteristics (e.g. capacity, mobility, high speed, and low latency) should these telecommunications services have?

Capacity or Bandwidth is the most important; divided into two component units, data network services and Internet. In business or in an institutional setting, whether education, medical or the administration of justice, data is critical and requires substantial bandwidth; for consumers, Internet is more important.

In terms of speed, institutions require at least 100 megs; in the ECN market, institutional consumers purchase a 10 meg subscription which can burst up to 100 in real-time; unlike telco marketing with promises an “up-to” limit, ECN delivers a “not-less-than” limit. To provide flexibility for future growth, ECN installs fibre access able to reach 1 Gbps.

For mobility infrastructures, capacity is an issue: Data requirements per cell site could easily be 50 megs with a need for backup and redundancy. For a cell network, the data requirements are substantial and mobility drains a lot of bandwidth on the fibre optic or backbone transport infrastructures.

Finally, latency is not an issue with the ECN fibre-optic network as the QoS is also supported. This is an issue more important on a satellite network. A properly designed fibre-optic network can easily manage latency and jitter for each type of services (telephony, data and video).

c) Identify and explain the barriers that limit or prevent Canadians from meaningfully participating in the digital economy (e.g. availability, quality, price, digital literacy, and concerns related to privacy and security). Identify which segments of the Canadian population are experiencing such barriers.

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In the ECN experience, the only barrier to developing a network that serves every home, business and institution are the construction costs. These costs are much higher in remote regions like **** Bay Eeyou Istchee, when compared to southern urban centres – consider the effort and cost to bring in equipment, materials and personnel. Therefore, subsidies are the key to developing networks in outlying areas that also lack a sufficient population base to absorb the costs.

In light of this issue, if the Commission apportions and divides HCSA subsidies into transport and distribution subsidies, it could encourage communities and others such as, utilities and telcos to enter into shared transport networks arrangements for better and more affordable services for the consumers.

Ultimately, without a shared construction and operations cost between ILECs and local networks, there would be no business case for the telcos to develop fibre networks in remote or low density area.

d) Identify and explain any enablers that allow Canadians to meaningfully participate in the digital economy (e.g. connected devices and applications).

Digital literacy supports the development of local resources and maintenance. It is a necessary component for meaningful participation in the production and distribution – not just the consumption – of telecommunications services. Without basic telecommunication education services, the growth of IP services is hampered. In this respect, ECN has conducted training and literacy courses in this area and has shared the burden of education; as a telecommunications provider, it cannot shoulder this activity without support.

Further, fibre optic provides broadband access to applications and services. With this, communities will get an open door to the digital economy, allowing their virtual presence and participation, independent of their location.

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e) As Canada’s digital economy continues to grow and evolve during the next 5 to 10 years, which telecommunications services are Canadians expected to need to participate meaningfully? Specify how your responses to parts a) through d) above would change based on your answer.

Overall our society is gravitating towards a digital economy and services. Whether medical, educational or other institutional users, shared data-banks are the new filing cabinets and on-line services have become the front desk. Telecommunications regulation needs to recognize that transport of data cannot be unregulated; and that any subsidy accorded to provide services of last resort must also demand that the providers be able to fulfill the range of consumer requirements with homogeneous service coverage (as opposed to the cherry-picking approach). For many, a telephone line is the starting point but a subsidy that finances the phone line also finances the transport network and the maintenance of a dial-up system. Funds should be used to support the best available services at all points in the network and the widest array of capability. A patient in need of telemedicine needs more than a voice line to call out for help; and the telecommunications network is capable of delivering that service. These funds need to be used to ensure better choice for the consumers, better services for the consumer and better quality for the consumer.

2. The Commission’s current target speeds for broadband Internet access service are a minimum of 5 Mbps download and 1 Mbps upload, based on uses that consumers should reasonably expect to make of the Internet. Are these target speeds sufficient to meet the minimum needs of Canadians today? If not, what should the new targets be and what time frame would be reasonable to achieve these new targets?

In terms of targets, it should be set immediately at an average of 5 megs and increased progressively; the Commission should aim to increase service to 50 megs in 5 years. For this, the technology must be upgraded to accommodate this transition.

Significantly there is a separate and important issue raised in this question. The issue raised is a matter of deceptive marketing. The concern is real-time versus aspiration.

When the telco web page offers its DSL service with an “up-to” in an announcement, in Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 19/46

**** Bay, it means “rarely-if-ever”. We present evidence of this case through our experience in the **** Bay territory. We conducted a study of DSL delivery speeds by Bell Aliant in three **** communities and found that a promise of 5 megs is often translated into .5 megs. And a request for improvement is most often met by the company with a denial of service (see Appendix 2 showing an “embargo” on services in Cree communities). We are also filing in Appendix 2 to this document a preliminary study we conducted in **** 2015. Ongoing studies are underway with a third-party analyst to ensure that the results are fair.

3. Which services should be considered by the Commission as basic telecommunications services necessary for Canadians to be able to meaningfully participate in the digital economy? Explain why.

A Basic Service should be no different in urban B.C. that it is in remote Quebec. It is an assurance that we are all part of the community, with a common means of communications. For the general public, the services should also include Internet; for institutions, it should include broadband data transfer. Services should include the basic services delineated in the Basic Service Objective as well as broadband Internet.

a) Explain whether the underlying technology (e.g. cable, digital subscriber line, fibre, fixed wireless, mobile wireless, and satellite technology) should be a factor in defining whether a telecommunications service should be considered a basic service.

In urban centres, most Canadians receive their telecommunication services by bundled promotions. In rural areas, this is often not the case. While some telcos in outlying areas market their products as “bundled” services, the only bundling is in their monthly invoice. In Bell Aliant (Quebec) territory, even in areas designated as an HCSA, it sells video by satellite, and telephone with DSL as a bundle. The services are delivered on different technologies but packaged on one invoice for marketing purposes.

b) Identify, with supporting rationale, the terms, conditions, and service characteristics under which basic telecommunications services should be provided. Should any obligations be placed on the provider(s) of these services? If so, what obligations and on which service provider(s)?

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 20/46

When a provider accepts a subsidy to provide a basic service, it should have the obligation to deliver that service. The requirements for providers with fibre plants should be higher than those with copper wireline plants. Any new subsidy should be for fibre optic support and not to improve or enhance old copper based networks. Moreover, subsidy for satellite services should be limited to areas where only, and strictly only, satellite services can be deployed. Requirements need to respect reality. A Quality of Service test should be conducted regularly and the results in markets where there is a single provider (or a provider that has over 90% of the market) and where subsidies are accorded should be public.

In HCSA’s, the designation of Basic Services should be an Obligation, not an Objective;

and the basic services should not be limited by the technology of delivery and the transport. In accordance with the Telecommunications Act, the consumer has a right to “reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada” and to technologies that “respond to the economic and social requirements of users of telecommunications services”

c) What should be the prices for basic telecommunications services and how should these prices be determined? Provide rationale to support your answer.

Prices should be determined by a national or provincial average. Above all, it’s not the number of people in a market that should determine price; the difference in price represents the cost of building and maintaining transport networks. The subsidy program should recognize separately costs for transport and distribution.

There may be an argument that the difference in microwave, satellite and fibre costs can affect price but a subsidy structure can reflect variation in funding; and the results will be a rebalance of consumer rates.

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4. Can market forces and government funding be relied on to ensure that all Canadians have access to basic telecommunications services? What are the roles of the private sector and the various levels of government (federal, provincial, territorial, and municipal) in ensuring that investment in telecommunications infrastructure results in the availability of modern telecommunications services to all Canadians?

The traditional commercial market models for Canadian telecoms are Telus and Bell.

**** require substantial populations to support advanced services for both transport and distribution. For the past 30 years in Eeyou Istchee and **** Bay, we have seen a clear demonstration that such a business model is impractical and has resulted in an underserved population with digital divide problems. In the ECN experience, by being better integrated to the socio-economic context of remote or isolated regions, the short-term results are more positive than the long-term results of the telco business model.

Moreover, for services to maintain continuity, the telcos and the new ECN type model have to complement each other in order to provide a global and efficient service for the Canadian territory in terms of telecommunications.

In a not-for-profit environment, “market” forces are driven by substantially different considerations. For a profit-making company, a business case must exist for a market to be served; in this environment, a subsidy is required to help the company sell its product.

For a non-profit, the “market” is the community where the provider is often the same person as the consumer; for a non-profit to provide a service, there must be a community case as its purpose is to create an environment where everyone succeeds; for a non-profit, economic development and job-creation are its real profit By changing the subsidy system from a single HCSA subsidy to a transport and distribution subsidy, people in outlying and remote regions can develop fibre plants and absorb the costs more fairly. Without support, the north will always be dependent on DSL and satellite services to deliver lower quality speeds and inadequate bandwidth for data; it is the application of the subsidy system that can provide the means to overcome the digital divide.

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In order to provide adequate subsidies, each sector should be evaluated comparatively and the best value should be the governing issue.

5. What should be the Commission’s role in ensuring the availability of basic telecommunications services to all Canadians? What action, if any, should the Commission take where Canadians do not have access to telecommunications services that are considered to be basic services?

The Commission needs to ensure that the subsidy is used to guarantee that consumers receive the best available service. The delivery of broadband Internet services needs to be regulated to ensure that in areas where there is available transport, that the most robust system is guaranteed and subsidized.

Further when a subsidy is provided, the Commission has to ensure that the funds are used for the advantage of the consumer.

6. In Telecom Regulatory Policy 2011-291, the Commission stated that it would closely monitor developments in the industry regarding the achievement of its broadband Internet target speeds to determine whether regulatory intervention may be needed. What action, if any, should the Commission take in cases where its target speeds will not be achieved by the end of 2015?

If the telco in question can deliver a more robust service and it does not, the Commission needs to publicly disclose the Quality of Service reports and a full financial report on how the subsidies are being used by the offending telco.

7. In Telecom Regulatory Policy 2013-711, the Commission stated its intention to establish a mechanism, as required, in Northwestel’s operating territory to support the provision of modern telecommunications services. Such a mechanism would fund capital infrastructure investment in transport facilities (e.g. fibre, microwave, and satellite), as well as the cost of maintaining and enhancing these facilities. The Commission considered that this mechanism should complement, and not replace, other investments from the private sector and governments, including public-private partnerships.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 23/46

a) Explain, with supporting rationale, whether there is a need for the Commission to establish such a mechanism in Northwestel’s operating territory. As well, explain whether there is a need for such a mechanism in other regions of Canada.

The Commission needs to establish a system throughout Canada that recognizes the three available streams for telecommunications traffic: fibre, microwave, and satellite and to treat each service fairly in accordance with their capabilities and handicaps. Where there are two or more services available, the Commission needs to judge each zone by its best available service.

b) What impact would the establishment of such a mechanism have on private sector investment and government programs to fund the provision of modern telecommunications services?

If there are subsidies and the subsidies are required for the business case of the telco, the Commission should have the right of public review to insure and inform that consumers receive the full advantages of the digital service available.

A well suited and controlled subsidy can facilitate the deployment of a modern telecommunications infrastructure. Private sector investments should be encouraged but need to fit in with the socio-economic environment of the region with a fair or equal distribution of the services throughout the region.

8. What changes, if any, should be made to the obligation to serve and the basic service objective?

Simply, Internet service of not less than 5 megs download/ 1 meg upload should be immediately included in the Basic Service Objective (with a scheduled review for upgrade in 24 months); and that data links not less than 20 megs should be available for public health and education institutions in areas where service is available, even if it is provided by a third-party; and that any telco that is subsidized be “Obligated” to provide the BSO service. Further, this minimum objective should be set only for copper technology; where fibre is used, the standard should be higher. As soon as fibre becomes Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 24/46

available in an area, those minimal objectives need to be increased significantly such as by a factor as high as 10, i.e. 50 megs.

9. Should broadband Internet service be defined as a basic telecommunications service?

What other services, if any, should be defined as basic telecommunications services?

Broadband Internet and high-speed data for institutions should be included, as per our response to question 8. Cellular should not be included; video services should be considered as a separate issue. Internet service of not less than 5 megs download/ 1 meg upload should be immediately included in the Basic Service Objective (with a scheduled review for upgrade in 24 months); and that data links not less than 20 megs should be available for public health and education institutions in areas where service is available, even if it is provided by a third-party.

10. What changes, if any, should be made to the existing local service subsidy regime?

What resulting changes, if any, would be required to the existing regulatory frameworks (e.g. price cap regimes)?

We propose that the subsidy regime be changed to directly support consumers for both telephone and Internet services. Presently, telcos use the fund to sell telephony at a price fixed by agreement with the regulator; and funds are applied to supporting their overall operations, transport and distribution including maintenance and operations.

We propose that the Commission separate the telephone subsidy regime in two:

distribution and transport. Further, the telcos should be required to use higher-quality third-party transport services where available; and that each portion of the subsidy be available directly to transporters and to local competitive telcos. This competition could reduce the subsidy requirements and make additional funds available for Internet service.

Further, local telephone competition should be eligible for a subsidy on the comparative service-to-user and cost-per-user basis. Most of all, telephone providers who do not provide any DSL service should not be eligible.

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11. What changes, if any, should be made to the contribution collection mechanism? Your response should address, with supporting rationale, which TSPs should be required to contribute to the NCF, which revenues should be contribution-eligible and which revenues, if any, should be excluded from the calculation of contribution-eligible revenues.

According to (http://www.crtc.gc.ca/public/cisc/docs/4quarter2014.pdf), the 4th quarter CRTC Central Administration Fund 2014 report, there is $44.3 billion in telecom revenue.

Some telecom services are currently exempted from the National Contribution Funds; at the time of submission, we were unable to identify the methodology that the CRTC uses to determine these exemptions. At first glance, the exemption of telecoms with revenues under $10 million appears reasonable.

We believe that all telecommunications service revenues (except the under-$10-million firms) should be subject to the telecommunications revenue-eligible fee for the subsidy regime.

Further by including all retail Internet as revenue-eligible, the fund would be increased sufficiently to allow for new fibre-optic construction and development projects by community telecoms. This additional allocation could be assigned to an independently-managed national non-profit fund, licensed by the CRTC, for specific projects in remote and northern regions; and the goal of this fund would be to help the local community associations deliver Internet-based telecommunications services at fair rates. The fund could also be increased and expanded to include ongoing provisioning costs to meet increasing demand while maintaining price caps.

The benefits that will accrue from these changes are similar to the telephone benefits under the NCF; by providing a telephone subsidy, many telco networks have been able to expand service to a growing number of communities, thus increasing telephone access;

similarly a subsidy available to community telecom providers, would increase the access available to broadband services for underserved Canadians in outlying communities.

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12. Should some or all services that are considered to be basic telecommunications services be subsidized? Explain, with supporting details, which services should be subsidized and under what circumstances.

As stated in Question 11, funds could be assigned to an independently-managed national non-profit fund, licensed by the CRTC, for specific projects in remote and northern regions; and the goal of this fund would be to help the local community associations deliver Internet-based telecommunications services at fair rates. The fund could also be increased and expanded to include ongoing provisioning costs to meet increasing demand while maintaining price caps.

The funds for remote non-profits should include telecommunications infrastructure projects as well as provide for project-specific digital literacy and training activities and/or projects focused on the development, provision and maintenance of telecommunications services. This funding formula has been applied in the past by the CRTC with regard to Community Radio where it has been an important factor in developing Canadian content and talent. If applied, it could insure service to all Canadians, even those who are beyond the “last mile”.

13. If there is a need to establish a new funding mechanism to support the provision of modern telecommunications services, describe how this mechanism would operate. Your response should address the mechanism described in Telecom Regulatory Policy 2013-711 for transport services and/or any other mechanism necessary to support modern telecommunications services across Canada. Your response should also address, but not necessarily be limited to, the following questions:

a) What types of infrastructure and/or services should be funded?

Depending upon the region, suitable technology should be assisted. For example, in Nunavik, satellite is most likely appropriate and for now the only solution; very long term planning should however aim for a fibre optic. In Whapmagoostui/Kuujuarpik, currently served by satellite and ILEC voice traffic with low performance microwave, fibre optic Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 27/46

projects should be considered. Where there is fibre or the area is suitable, only fibre should be subsidized. In areas where fibre exists or the area is suitable to build it, fibre should be subsidized. For services, high-speed broadband Internet for the general population should be considered as a BSO; for telemedicine and education, data should be supported. In short, transport infrastructure should be funded as a separate fund; in addition, local fibre plants and transport fibre lines for Internet delivery should also be funded.

b) In which regions of Canada should funding be provided?

There are two areas that should be considered: rural and remote. Rural should be interpreted broadly, including areas not far from metropolitan regions but that lack advanced services. Remote areas are likely distant and isolated communities that are underserved or, in some cases unserved; however these areas cannot be measured only by the distance from urban centres – for example Opitciwan has fewer services than Kuujuak, although it is closer to a developed area in terms of broadband communications.

In the **** Bay area, Eastmain is underserved and remote, and 275 km away from current Eeyou Communications Network fibres.

Instead of providing subsidies in telco-defined High Cost Serving Areas, funds should be provided on a priority basis to remote, isolated and rural communities that are underserved or unserved. It would be important to redefine the ‘underserved’ classification and to reference it directly to a ‘served’ area such as a large urban center.

This is the only way to objectively address the digital divide.

c) Which service providers should be eligible to receive funding, and how should eligibility for funding be determined (e.g. only one service provider per area, all service providers that meet certain conditions, wireless service providers, or service providers that win a competitive bidding process)?

First priority should go to a community provider or regional provider operating with a suited business model and who has a track record of meeting commitments. Overall, Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 28/46

where there is low population density, overlays of networks are not economically viable.

A shared and the most efficient network should be funded and funding should be reviewed every two years. Support from local governments should be a substantial consideration.

d) How should the amount of funding be determined (e.g. based on costs to provide service or a competitive bidding process)?

In remote areas, the lower cost often translates into a lower quality, lower efficiency and lower services. Any bidding competitive must be attentive to quality of service. In addition, the cost per subscribers is also a critical consideration.

e) What is the appropriate mechanism for distributing funding? For example, should this funding be (i) paid to the service provider based on revenues and costs, or (ii) awarded based on a competitive bidding process?

An important criteria should be to advantage a service who is part of the community or the region to be served. An outside provider can easily cherry-pick services or locations and provide them on a global basis, but these services might not meet the needs of the consumers who live in the community or the region. The overall objective of digital literacy is for regional service to be as homogeneous as possible.

For example, in **** Bay, Bell Aliant offers the same level of services to all clients.

Although sold as different services, the dearth of bandwidth means that, in the end, virtually all services are the same – a 5 meg becomes a .5 meg, a 10 meg becomes a 1 meg service. In short, actual delivery is not the same as the promises of delivery. Under these circumstances it would be possible for the telco to offer a service at a reasonable price while a local supplier who can provide the same advertised service, might do so at a higher price.

With the ‘traditional service provider model’ wholesale price for a 1 Mpbs of Internet Transit may be 30 times higher in Chisasibi than in Chibougamau. With a socio-economic model that is better adapted to the region, such as ECN, the Internet transit Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 29/46

price is the same all over the region and closer to the Chibougamau price than the traditional service provider.

The importance of a local/regional provider means that the probability of a guarantee of service will be respected at all time. After all, in a local non-profit or cooperative with a community Board, the providers are the consumers rooted in the region.

f) Should any infrastructure that is funded be available on a wholesale basis and, if so, under what terms and conditions?

Any infrastructure that is funded should be a public service network. For example, Eeyou Communications Network is an open-access network. The goal is to reduce the price of bandwidth for all users. A profit making network would have as its goal to be viable, and little else.

In the ECN, the mission is to make available bandwidth that respects the needs of its users (health, education, and ISPs) at the lowest cost. In so doing, all users benefit as the open-access model makes a significant supply of bandwidth available to all users at reasonable rates.

g) Should the Commission set a maximum retail rate for any telecommunications service that is subsidized?

In outlying areas, the cost of delivery is considerably greater than the cost of local distribution. For example, delivery of 50 megs can be overwhelming in comparison to the delivery of 50 megs in Montreal. For the purposes of the subsidy, the amount of subsidy should be available up to 10 megs and only when the retail price is not more than 15% above the national average for comparable service; the subsidy would cover the costs above the retail rates. For those who require 50 megs, the market should determine the price.

h) Should this mechanism replace the existing residential local wireline service subsidy?

If so, explain how the existing subsidy should be eliminated, including details on any transition period. In addition, explain whether the small ILECs and/or Northwestel Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 30/46

should be subject to any special considerations or modifications for this transition period.

The wireline subsidy should remain in place for now for those with telephone service.

The Internet subsidy proposed should begin without delay for Internet that meets average speeds of at least 5 megs in wireline areas and appropriate speeds in satellite served areas.

The Internet subsidy, like the phone subsidy, should be used to underwrite the excessive charges in providing a quality service.

The subsidies should be separate. Those with Internet service would not require a phone line as the Internet could provide the same carrier services. For those subscribers, the subsidy for Internet would suffice.

Were the consumer to simply move a telephone from an ILEC to a digital service that is a licensed CLEC, the subsidy should be as portable as their phone number.

Installation of Internet service for residential services should be considered as eligible for the subsidy.

The existing telephone subsidy should exist for a maximum of three years or in specific communities, until such time as the new service is available.

The critical element in this matter is that the consumer has his/her ability to choose.

The ILEC should be obliged to offer transferability of the existing telephone service.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 31/46

Appendix 1
ECN Technical Description and Background

The Digital Divide has deeply affected the Eeyou Istchee / **** Bay territory and its neighbouring regions. Over the years, with very limited access to broadband connectivity and services, the social and economic development of this immense region has been severely impacted, if not stopped, while the populations, the businesses and the enterprises were being denied access to critical, essential or simply basic modern services in almost all areas including health, education, public security, justice, communications, information, Internet, entertainment and many more.

While Governments and businesses are looking toward **** for more development, the mandatory and essential Information and Communication Technology infrastructures to support this vision are not there.

In addition to providing modern services to residents, institutions and businesses, ECN produces regional economic spin-offs by generating local employment, promoting local Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 32/46

businesses development, developing local resources and retaining regional expertise.

With a regional, autonomous and self-sustainable broadband infrastructure, revenue generated will remain in the region to support further its own economic development.

ECN addresses three fundamental needs. First, to complete the transport fibre connectivity to all communities to the ECN fibre network. Second, to advance the completion of the large Northern fibre ring to provide of network robustness, security and service reliability required for such critical or essential services. With full broadband transport fibre connectivity, ECN can provide service to the residents and small enterprises to deliver complete range of telecom facilities.

Now, ECN’s next move is to deploy a global end-to-end Fibre-to-the-home (FTTH) GPON infrastructure capable of supporting the complete Triple Play services (Internet, video and voice) at speeds that will sustain growth for many years to come. This will equalize the northern and southern services and will definitely eliminate the Digital Divide.

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ECN currently operates a broadband fibre optic transport network. All communities currently have an Alcatel-Lucent 7750 SR-7 router in place and a local distribution fibre network, both of which can be leveraged as foundations to deploy a regional FTTH project. ECN already provides Internet service to institutions including all hospitals in the region, small ISPs and large businesses over its MPLS network using direct connection from the 7750s to customer premises and thus ECN's network is part of the global public Internet. An FTTH access solution using GPON is required to consider providing services more broadly, to SMB and residential customers, which is the main object of this project.

As complement, the communities of Eastmain and Waskaganish, although already having a local infrastructure in place (7750 router, distribution fibre network) remain to be connected to the ECN backbone transport network, as per ECN's "Phase 2" project, consisting of the connection of these communities and the closing of the regional fibre optic ring.

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Reliability: The proposed points of presence are already housing ECN transport equipment and are already fitted with a battery power plant with external connectors for the connection of a transportable generator. ECN has 2 portable generators distributed on the territory for emergency purposes. All ECN transport links (backbone and towards all communities) use redundant fibres over redundant line cards in the transport routers.

Moreover, all ECN backbone transport sites (6) are equipped with diesel generator sets for emergency back up power. The transport routers (7750s) are all fitted with redundant power supplies and redundant processors. Only the router's chassis itself is not redundant.

The proposed OLT shelves (7360s) would benefit from the already installed power plant and would also be fitted with redundant processors and redundant power supplies.

With technicians present in each community or within 100km, MTTR for the routers, OLTs and ONTs would be of 4 hours. MTTR for outside plant repairs would be of 4 to 12 hours depending on the type of problem (single fibre drop vs. buried transport cable).

Connections from the OLT to the transport router would be redundant over redundant line cards on both ends. GPON connections to the customers would not be redundant but a spare GPON line card would be present in each community. Each system component would have at least one spare part in store in both the northern and southern warehouses of ECN to minimize repair delays.

Advantages of the technology solution: First and foremost, fibre outside plant is less expensive to maintain than a copper outside plant as it is fully passive. This combined with the increased bandwidth of fibre vs. DSL and cable technologies favours greatly such a solution. The fibre outside plant and the proposed access optoelectronic will meet the bandwidth requirements for these communities easily for multiple decades. Moreover, the business plan includes life cycle management and replacement of optoelectronics at end of life. As ECN already has a local fibre distribution network in all communities this solution makes the most sense and is the better solution for long-term service to the population. The FTTH solution will also enable voice and video services to be provided through the same access infrastructure.

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Network management strategy: A network oversubscription ratio of 20:1 is expected in the design. The system is designed to provide minimally 25Mbps of dedicated bandwidth to each subscriber in the worst case scenario (80Gbps shelf capacity for 3000 dwellings in Chibougamau, assuming 100% take-up rate). In most cases, dedicated capacity is much higher and is on average of 116Mbps per dwelling, also assuming 100% take-up rate or 155Mbps with the assumed 75% take-up rate. Transport links are upgradable to accommodate future bandwidth requirements.

ECN assets: ECN currently owns fibre splicing cherry-picker trucks and fibre splicing tools (OTDRs, fusion splicers, etc...) that would be used in the operation of the regional FTTH network.

Eeyou Communications Network / Réseau de Communications Eeyou is more than a fibre-optic broadband service: it is a local telecommunications partner that provides reliability, relevancy and support. It is a daily presence in the community - not a distant company with remote clients.

ECN engages its customers by ongoing contact, and by encouraging our communities to tell us how we can enhance services. Our plans to expand this service include developing regularly-scheduled local and regional customer advisory panels, with commensurate incentives, to explore what the community expects from its network and how ECN could be better at its job.

ECN is an active ongoing member of the community, not just a service provider. Our policies are based on person-to-person engagement and making our management answerable to the public. Unlike any other telecom, Eeyou Communications Network strives to provide the highest quality of contact attainable; to demonstrate clearly to our clients that they are more than just paying customers, they are our audience, our governance and our shareholders.

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Our customer service policy is an extension of these principles:

1.) ECN Operational robustness and efficiency: We aim for the highest attainable standard.

2.) Health and Safety: Our communities and our staff can depend on working in a secure environment.

3.) Education and Training: ECN will teach developing technology and services and train local residents in work skills.

4.) Network Viability: We will strive to be there, wherever we are needed and wherever we can help.

5.) ECN Rates and services Offered: Economical, affordable, variable and based on customer needs, reliable and providing the client with a competitive edge.

6.) Respect communities: ECN enhances the autonomy of the region by providing a secure and functional communications network and having a local workforce ready to serve in the communities where we live.

ECN has adopted important values with regard to team work, customer focus, communications, safety and attitude in work accomplishment. We know our customers needs because, as neighbours, we are part of the same communities.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 37/46

Appendix 2:

Preliminary **** Study on Internet Speeds and Advertised Rates In the **** Bay/Eeyou Istchee Region

1. Summary

1.1 Telebec has significantly reduced Internet services to individuals and business in Cree communities with deliberate preferential treatment of cellular Internet service over DSL and by favouring non-Cree industrial sites in the same territory that use the same backbone with significant bandwidth advantages.

1.2 Service “throttling” decreases service in Cree communities while monthly rates remain the same; non-Cree clients such as the Eleonore mine are not subject to either embargo or throttling.

1.3 Further, Telebec has embargoed new connections in Cree HCSA communities by refusing to provide new DSL connections (residential and commercial) in Cree communities. See Attachment 1: Telebec memo concerning the embargo in specific communities

2. Description of Telebec distribution network system 2.1 Telebec (Bell) current has microwave towers from Val d’Or/Amos/Rouyn up to Whapmagoostui. This microwave network provides a full range of telecom services including telephone, cellular and land-line Internet to all the communities and to the Eleonore mine, Hydro Quebec and Radisson.

2.2 In all communities, Telebec sells cellular Internet. Other than in Chisasibi and Wemindji, Telebec sells DSL using a bandwidth manager that divides the service into streams: one for DSL; and a second stream goes to cellular (G4) users who Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 38/46

pay a data usage fee and their speed is around 3 to 4 Mbs. As cellular clients’ usage increases, DSL clients’ availability decreases.

2.3 The Telebec Microwave tower system is described in the following attachment 2.

3. Description of Telebec Internet Service Difficulties 3.1 There are two types of Internet service:

• DSL (a fixed monthly rate) and
• Cellular (data charges based on usage)

3.1.1. Telebec has embargoed new Internet DSL connections (residential and commercial) in 7 Cree communities and Radisson. There is no embargo on cellular Internet.

3.1.2. Customers with DSL service report that the service quality has decreased regularly over the past year.

3.1.3. Customers with cellular Internet report decreasing download speeds, although higher than DSL.

4. Community impact of difficulties caused by Telebec policies 4.1. Reducing Internet speed and delivery connections negatively impacts social and economic development in the Cree communities.

4.2. Eastmain is constructing a number of public buildings including fire, police, community centre, elders’ residence. All are designed with integrated security and require an Internet hook-up. Telebec refuses to supply DSL connections to these buildings

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4.3. Subscribers in Eastmain and Waskaganish report that when they move, they are disconnected and not reconnected as they are re-designated as new subscribers.

Also subscribers who are already connected now have slower speeds and occasionally lose their signal.

4.4. The regional Cree Board of Health and Social Services which has doctors on a rotating basis cannot get Telebec to provide new Internet connections for their use.

5. Observations of unfair practices and denial of services:

5.1 Relating to DSL vs. Cellular service:

All clients, whether cellular or DSL across the regions should be treated fairly and openly. If there is a bottleneck or a lack of bandwidth along its network, the burden of reduced services should be shared equally by all clients and all areas served.

5.2 Relating to quality of service to Communities vs. Industrial Sites The CRTC should investigate the actual division of bandwidth in the region.

From basic information that has been gathered, it appears that at least 30% of the Telebec service is dedicated to the Eleonore mine (about 600 clients) and the remaining 70% is available to Cree and Jamesien north of Matagami (about 6000 clients).

5.3 Maintenance

In a test of Internet services and speeds in the communities of Eastmain, Nemaska and Mistissini, conducted at delivery times not within peak usage hours, the results showed that service within the communities are inconsistent and likely technically defective. Despite reports to Telebec of the local difficulties, Telebec Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 40/46

has not made an effort to repair the services within their own networks. (See Attachment 3 – **** results conducted in communities) 5.4 Failure to Consider Planning for the Benefit of Consumers The CRTC could consider that Telebec can reduce its bottleneck by purchasing bandwidth from ECN in Radisson and directing it southward (thus increasing its capacity).

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Attachment 1: Notice of Embargo on Cree communities

This memo was forwarded to Eastmain by a Telebec staff, confirmed the embargo issue.

Note that in the memo there is no reference to the Eleonore mine site, only to Cree and Jamesien areas.

Also note that Mistissini is fed by a different circuit than the coastal communities and may be physically limited by the capacity of the microwave circuit and not by preferential treatment.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 42/46

Attachment 2:

The Telebec microwave network along the **** Bay road is publicly licensed by the CRTC and, as Telebec is licensed as the dominant public carrier in the region, it is intended to be available for use by all Telebec services including, telephone, cellular and Internet.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 43/46

Attachment 3: Survey Results

**** Results of survey in three communities conducted Feb 23-25, 2015 at service times outside peak hours

Peak service time chart conducted on Telebec service (Feb 25, 2015):

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Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 45/46

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Intervention: Cree Nation Government (Intervenor 291)

Document Name: 2015-134.223995.2394518.Intervention(1fbm#01!).pdf

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 1/46

Presentation
To the
Canadian Radio-Television and
Telecommunications Commission
July 14, 2015
Public Notice 2015-134
Review of Telecommunications Service
Basic Services Objections
Presented by
Cree Nation Government
Eeyou Communications Network

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 2/46

Table of Contents
Synopsis:
1 The Intervenors: 3
2 Summary of Recommendations 4
Detailed Submission:
Identifications of Intervenors:
3 Cree Nation Government (CNG) 6
4 CNG-ECN Relationship Information 7
5 Eeyou Communications Network (ECN) 8
Community Information:

6 ECN Telecommunications Services and the Community 9 Comments and Replies to CRTC Public Notice (PN 2015-134) 7 The Telecommunications Act 13

8 Questions Posed in the Public Notice 15
Related Documents:

Appendix 1: ECN Technical Description and Background 30 Appendix 2: Preliminary **** Study on Internet Speeds and Advertised Rates In the **** Bay/Eeyou Istchee Region 36

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 3/46

Synopsis
1. The Intervenors:

Cree Nation Government (CNG) is the administrative arm of the Cree government. It has responsibilities in respect to environmental protection, the hunting, fishing and trapping regime (Section 22), economic and community development, the Board of Compensation, and other matters as decided by the board of directors.

The Board of Directors is made up of the Chairman of the Cree Nation Government (CNG), who is also the **** Chief, **** Coon Come, and the Vice-Chairman **** Mark, as well as the Chiefs of each of the nine Cree Communities, and one other person from each community delegated by the community.

The headquarters of the Cree Nation Government (CNG) is located in Nemaska, **** Bay, Quebec.

Eeyou Communications Network (ECN) is a not-for-profit telecommunications corporation that provides broadband carrier services for the Cree communities of Eeyou Istchee and municipalities of the **** Bay region.

ECN delivers advanced, reliable and cost-effective network access for the benefit of communities, populations, businesses, organizations and governments.

ECN is a Non-Dominant **** in the **** Bay territory duly authorized the CRTC.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 4/46

2. Summary of Recommendations:

(1) High-Quality Internet service is a critical element in the Canadian telecommunications system and should be included as a Basic Service Objective; and as a Basic Service, High-Quality Internet (minimum 5 megs download/1 meg upload as of 2015) service should be subsidized in remote and outlying areas to insure that all Canadians receive the same quality service and rates as urban consumers. This minimal objective is for today’s services; with the evolution of technologies and consumer needs, future requirements are expected to be significantly higher and should be reviewed on a scheduled basis within two years.

(2) In any community that is subsidized under the Nation Contribution Fund, the Basic Service Objectives should be considered as obligations, not targets.

(3) The NCF subsidy for telephony should be continued; and as telephone services migrate to a digital platform and/or digital providers, consumers should have the portability with the opportunity to integrate this subsidy for access with an Internet provider to obtain a greater range of services.

(4) To insure consumer protection and consumer benefit, consumers should have the right to select the provider of their choice and the subsidies for their services should be portable. Just as consumers can move their phone number from one provider to another, when they move their services, so should they be able to move their subsidy.

(5) The CRTC should review the subsidy issue to insure that subsidies represent/support consumers located in those regions; we call on the CRTC to recognize that the subsidy program was put in place for the benefit of consumers, not telcos; and subsidies should flow directly through consumers. (In some of these HCSA communities, there are local non-profits community telecom providers). Were the subsidy to flow based on the consumer’s choice, a competing firm might offer a wider range of services using a different technology or architecture.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 5/46

(6) Internet performance (real-time rates vs. aspirational / advertised rates) should be measured and reported accurately and publicly. Speeds should be advertised only as a measure of actual delivery speeds. All services should be delivered as advertised.

(Imagine a telephone service with long-distance that works only “up-to” a set distance but decreases when more users access the service?)

(7) If NCF subsidies continue as direct allocations to telcos, the portion for local distribution costs and transport charges should be calculated separately. Further, any provider who is subsidized for transport should be obliged to spend the subsidy to access the most efficient network available to them. This helps ensure that the subsidy is used effectively and will benefit consumers rather than telcos. When a higher-quality network or a more robust network is available in a region, in order to maintain the subsidy, the provider should be obliged to migrate transport to the higher quality network.

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Detailed Submission
Identifications of Intervenors:

The Intervenor is the Cree Nation Government together with the Eeyou Communications Network.

3. Cree Nation Government (CNG) is the administrative arm of the Cree government.

The Board of Directors is made up of the Chairman of the Cree Nation Government (CNG), who is also the **** Chief, **** Coon Come, and the Vice-Chairman **** Mark, as well as the Chiefs of each of the nine Cree Communities, and one other person from each community delegated by the community.

Map of the Region

The Headquarters of the Cree Nation Government (CNG) is located in Nemaska, **** Bay, Quebec.

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4. CNG-ECN Relationship Information

CNG initiated a telecommunications project in 1998 so that the interest of the communities could be adequately represented in the development and construction of developing telecommunications services, and acquire facilities that would promote digital communications.

At the time, it reviewed the needs and requirements of the residents and the services and concluded that, for the region to succeed in its approach to economic development and economic self-reliance, it required modern and up-to-date fibre-optic facilities for advancement.

It met with the incumbent telco on many occasions to review these matters before concluding that the only effective way the people of the area of Eeyou Istchee and **** Bay could benefit from a modern fibre-optic network was for the CNG to work in partnership with the non-Aboriginal residents of the region, regional institutions and other utilities and the Quebec and Canadian governments to develop a community-controlled network.

CNG developed a strategy for the acquisition of funds and resources and together with its partners and formed the Eeyou Communications Network.

The CNG has one representative on the Board of the Eeyou Communications Network and owns 74% of the assets of the company.

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5. Eeyou Communications Network (ECN) is a not-for-profit telecommunications corporation that provides broadband carrier services for the Cree communities of Eeyou Istchee and municipalities of the **** Bay region. ECN is a Non-Dominant **** in the **** Bay territory duly authorized the CRTC.

Eeyou Communications Network brings diversified connectivity to global telecom networks, content providers and to Internet service providers to enable a broad range of social and economic opportunities for consumers in the Eeyou region. Eeyou Communications Network supports technology that encourages cultural diversity and supports social autonomy for the communities and the region.

ECN Vision is stated as follows: To provide the **** Bay region with telecommunication services of quality, at tariffs that are comparable to those in metropolitan areas in a sustainable way, using local resources as much as possible. Its business model is for the ECN to provide open-access Internet transit services and data transport services over its 5 Gbps MPLS backbone in all of the 14 Aboriginal and non-Aboriginal communities of **** Bay Eeyou Istchee. The revenues generated are allocated to three uses: operation expenses; a renewal fund to replace equipment and fibre cables at their end of life; and expansion projects.

As part of its mission, ECN aims at providing its services to residential and institutional consumers in **** Bay Eeyou Istchee at the lowest rates possible.

The ECN Board of Directors is comprised of local stakeholders from non-profit organizations and three founding members. This helps ensure that the network's governance meets the needs of individuals, organizations and communities situated in the region. Its membership includes its founding members: **** Loon, **** Menarick, and **** Petawabano; and its member organizations are: Cree Nation Government, **** Council of the Crees, Administration Régionale Baie ****, Cree School Board, Commission Scolaire de la Baie ****, **** Bay Cree Communication Society and Cree Board of Health and Social Services of **** Bay.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 9/46

6. ECN Telecommunications Services and the Community

ECN has been operating its 1,800 Km fibre network since July 2011. It provides telecommunications services to several public and private sector organizations in the region such as school boards, municipalities, utilities, Internet service providers, airports, band councils, local governments, hospitals, clinics and other businesses and organizations. While it does not yet provide services to household consumers, the network's long/medium term strategy involves extending a complete range of telecommunications service to households.

ECN operates this network with a lean mix of in-house personnel and outsourcing tasks to external consultants. ECN currently employs 6 people, generating revenue of $3M per year and managing over $35M worth of telecommunications infrastructure assets. ECN is constantly training and hiring local personnel to increase local expertise and reduce dependency on outside service providers and consultants, and contribute to economic development in the **** Bay Eeyou Istchee region.

The ECN network has been phased in since construction began in 2008. Currently Phase 1 is in full operation and Phase 2 is under construction.

In its current coverage, ECN's phase 1 project connects 11 of the 14 communities of **** Bay (Chapais, Chibougamau, ****-sur-Quévillon, Matagami, Radisson, Wemindji, Mistissini, Chisasibi, Waswanipi, Ouje-Bougoumou and Nemaska) to its backbone infrastructure. Each community has a local fibre loop, a point of presence and full connectivity to the network.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 10/46

ECN Topography
Current Network

In its Phase 2 stage, construction is underway to connect the remainder of the communities (Waskaganish, Eastmain and Whapmagoostui). It will also close the Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 11/46

regional fibre optic ring to increase network availability and robustness for the mission critical traffic of many vital local organizations, such as health centres, that transit on ECN backbone.

ECN Topography
ECN Phase 2
HQ Chamouchouane
LG1 HQ Rad.
HQ Nemiscau
HQ Abitibi
Wemindji
Waskaganish
Quévillon
Matagami
Whapmagoostuui - Kuujjuarapik
Radisson
Oujé
Bougoumou
Chapais
HQ Chib.
Eastmain
Nemaska
Mistissini
NOC
Laboratoire - Formation
Waswanipi
Rouyn
NOC
****
Washaw
Sibi
**** Telecom Networks
& Service Providers
Fibre Optique
Faisceaux hertziens
Phase 2
PoP RCE réseau fibre
**** project

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 12/46

ECN has a point of presence in St-Félicien through which traffic to other networks such as the Internet transits. A second point of presence in **** will be implemented, which will improve redundancy through geographical diversity for network entry and exit points.

A parallel infrastructure project aims to connect the Atikamekw community of Opitciwan (Obedjiwan) to ECN's network, in partnership with the municipal organization ("Conseil Atikamekw d'Opitciwan"). This project will bring triple-play service - including broadband Internet services – to consumers in Opitciwan.

Subscriber base: ECN presently provides data access and traffic services to more than 30 organizations in the region at more than 100 locations. For many of those subscribers, ECN's Internet Transit and data tariffs have reduced costs by a factor of more than 20, in comparison to the rates of the incumbent service provider.

(See Appendix 1 for additional detailed information on Eeyou Communications Network) Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 13/46

Comments and Replies to CRTC Public Notice (PN 2015-134 7. The Telecommunications Act

In the Telecommunications Act, we cited the following extract:

Objectives

7. It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives

(a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions;

(b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada;

(c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications;

(d) to promote the ownership and control of Canadian carriers by Canadians;

(e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada;

(f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective;

(g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services;

(h) to respond to the economic and social requirements of users of telecommunications services; and

(i) to contribute to the protection of the privacy of persons.

There are some specific issues that the Act cites that this Intervenor wishes to address:

(1) While this Commission has shown commendable judgement in insuring that services are Canadian-owned and beneficial to the people of Canada, it has not fully Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 14/46

re-affirmed its authority to enable section h) that legislates the unqualified authority “to respond to the economic and social requirements of users of telecommunications services”. In this respect, persons living in underserved, remote and rural communities have not fully benefitted from the other provisions of the Act, such as receiving innovative, efficient and effective service. It is our view that the Commission needs to address the “social” aspects of this Act at this time, if only to rebalance the growing importance of new telecommunications services.

(2) The Canadian telecommunications system is more and more divided into a number of technologies that are converging to deliver similar services. These differences in these technologies are significant and impact on the quality and availability of services.

We distinguish these technologies by their use for transport and local distribution as:

o In transport, there appears to be three types of service used by telecommunications carriers to transport network signals: satellite, microwave and fibre-optic cable.

o In local distribution, there are two main systems: cellular and (copper or fibre) landline (with Wi-Fi as an extension of landline service).

Every technology cited, whether transport and distribution, has a different capability and can serve the social benefit in its own way. In our view, rather than define subsidies by the specific service, these technological distinctions are better references to distinguish types of service zones. Specifically, the use of a subsidy to service and maintain a microwave network where a fibre network could be in place is not an effective use of a subsidy; as well, an area that can only be served by satellite should be subsidized accordingly.

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8. Questions Posed in the Public Notice 2015-134

1. Canadians are using telecommunications services to fulfill many social, economic, and cultural needs in today’s digital economy.

a) Explain how telecommunications services are used to meet these needs. For example, uses may include e-commerce (i.e. the online purchase and trade of products or services), e-banking and/or telephone banking, e-health or telehealth services, telework, and distance education. Which of these uses of telecommunications services are the most important to ensure that Canadians meaningfully participate in the digital economy?

Answer: While all online services are of importance, their relative value can best be determined by the area of service. In large metropolitan centres and in rural and remote communities, basic infrastructure makes different demands on the population: hospitals, schools, factories, entertainment facilities and/or local and regional government. In this respect, our geographic focus is on rural and remote areas, most of which are defined as High-Cost Serving Areas (HCSAs). Given the lack of local and regional 'offline' services, these areas have a higher dependence on telecommunications and communications services and can benefit more directly from these facilities.

There can be no question that distance education can bring post-secondary opportunities to those in regions with no facilities; or that e-medicine can bring emergency relief where there are no hospitals.

When it comes to the public, broadband Internet is a basic communications requirement.

When it comes to institutions and public agencies, data is required. Internet needs can be served using shared bandwidth and/or proxies; however, data requires significant bandwidth, all of it affordable, accessible, adequate, secure and available.

In the **** Bay territory, the Eeyou Communications Network has had to make tough choices with regards to which services can be delivered immediately and the order of importance of these services. In these cases, the ECN made the choice to prioritize public institutions (health, education, justice and emergency services) with data on an unlimited Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 16/46

basis; and then to provide a fibre-to-the-home system that provides residential/household consumers with a triple-play package of services.

b) Explain which telecommunications services are most important to support these needs and uses. What characteristics (e.g. capacity, mobility, high speed, and low latency) should these telecommunications services have?

Capacity or Bandwidth is the most important; divided into two component units, data network services and Internet. In business or in an institutional setting, whether education, medical or the administration of justice, data is critical and requires substantial bandwidth; for consumers, Internet is more important.

In terms of speed, institutions require at least 100 megs; in the ECN market, institutional consumers purchase a 10 meg subscription which can burst up to 100 in real-time; unlike telco marketing with promises an “up-to” limit, ECN delivers a “not-less-than” limit. To provide flexibility for future growth, ECN installs fibre access able to reach 1 Gbps.

For mobility infrastructures, capacity is an issue: Data requirements per cell site could easily be 50 megs with a need for backup and redundancy. For a cell network, the data requirements are substantial and mobility drains a lot of bandwidth on the fibre optic or backbone transport infrastructures.

Finally, latency is not an issue with the ECN fibre-optic network as the QoS is also supported. This is an issue more important on a satellite network. A properly designed fibre-optic network can easily manage latency and jitter for each type of services (telephony, data and video).

c) Identify and explain the barriers that limit or prevent Canadians from meaningfully participating in the digital economy (e.g. availability, quality, price, digital literacy, and concerns related to privacy and security). Identify which segments of the Canadian population are experiencing such barriers.

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In the ECN experience, the only barrier to developing a network that serves every home, business and institution are the construction costs. These costs are much higher in remote regions like **** Bay Eeyou Istchee, when compared to southern urban centres – consider the effort and cost to bring in equipment, materials and personnel. Therefore, subsidies are the key to developing networks in outlying areas that also lack a sufficient population base to absorb the costs.

In light of this issue, if the Commission apportions and divides HCSA subsidies into transport and distribution subsidies, it could encourage communities and others such as, utilities and telcos to enter into shared transport networks arrangements for better and more affordable services for the consumers.

Ultimately, without a shared construction and operations cost between ILECs and local networks, there would be no business case for the telcos to develop fibre networks in remote or low density area.

d) Identify and explain any enablers that allow Canadians to meaningfully participate in the digital economy (e.g. connected devices and applications).

Digital literacy supports the development of local resources and maintenance. It is a necessary component for meaningful participation in the production and distribution – not just the consumption – of telecommunications services. Without basic telecommunication education services, the growth of IP services is hampered. In this respect, ECN has conducted training and literacy courses in this area and has shared the burden of education; as a telecommunications provider, it cannot shoulder this activity without support.

Further, fibre optic provides broadband access to applications and services. With this, communities will get an open door to the digital economy, allowing their virtual presence and participation, independent of their location.

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e) As Canada’s digital economy continues to grow and evolve during the next 5 to 10 years, which telecommunications services are Canadians expected to need to participate meaningfully? Specify how your responses to parts a) through d) above would change based on your answer.

Overall our society is gravitating towards a digital economy and services. Whether medical, educational or other institutional users, shared data-banks are the new filing cabinets and on-line services have become the front desk. Telecommunications regulation needs to recognize that transport of data cannot be unregulated; and that any subsidy accorded to provide services of last resort must also demand that the providers be able to fulfill the range of consumer requirements with homogeneous service coverage (as opposed to the cherry-picking approach). For many, a telephone line is the starting point but a subsidy that finances the phone line also finances the transport network and the maintenance of a dial-up system. Funds should be used to support the best available services at all points in the network and the widest array of capability. A patient in need of telemedicine needs more than a voice line to call out for help; and the telecommunications network is capable of delivering that service. These funds need to be used to ensure better choice for the consumers, better services for the consumer and better quality for the consumer.

2. The Commission’s current target speeds for broadband Internet access service are a minimum of 5 Mbps download and 1 Mbps upload, based on uses that consumers should reasonably expect to make of the Internet. Are these target speeds sufficient to meet the minimum needs of Canadians today? If not, what should the new targets be and what time frame would be reasonable to achieve these new targets?

In terms of targets, it should be set immediately at an average of 5 megs and increased progressively; the Commission should aim to increase service to 50 megs in 5 years. For this, the technology must be upgraded to accommodate this transition.

Significantly there is a separate and important issue raised in this question. The issue raised is a matter of deceptive marketing. The concern is real-time versus aspiration.

When the telco web page offers its DSL service with an “up-to” in an announcement, in Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 19/46

**** Bay, it means “rarely-if-ever”. We present evidence of this case through our experience in the **** Bay territory. We conducted a study of DSL delivery speeds by Bell Aliant in three **** communities and found that a promise of 5 megs is often translated into .5 megs. And a request for improvement is most often met by the company with a denial of service (see Appendix 2 showing an “embargo” on services in Cree communities). We are also filing in Appendix 2 to this document a preliminary study we conducted in **** 2015. Ongoing studies are underway with a third-party analyst to ensure that the results are fair.

3. Which services should be considered by the Commission as basic telecommunications services necessary for Canadians to be able to meaningfully participate in the digital economy? Explain why.

A Basic Service should be no different in urban B.C. that it is in remote Quebec. It is an assurance that we are all part of the community, with a common means of communications. For the general public, the services should also include Internet; for institutions, it should include broadband data transfer. Services should include the basic services delineated in the Basic Service Objective as well as broadband Internet.

a) Explain whether the underlying technology (e.g. cable, digital subscriber line, fibre, fixed wireless, mobile wireless, and satellite technology) should be a factor in defining whether a telecommunications service should be considered a basic service.

In urban centres, most Canadians receive their telecommunication services by bundled promotions. In rural areas, this is often not the case. While some telcos in outlying areas market their products as “bundled” services, the only bundling is in their monthly invoice. In Bell Aliant (Quebec) territory, even in areas designated as an HCSA, it sells video by satellite, and telephone with DSL as a bundle. The services are delivered on different technologies but packaged on one invoice for marketing purposes.

b) Identify, with supporting rationale, the terms, conditions, and service characteristics under which basic telecommunications services should be provided. Should any obligations be placed on the provider(s) of these services? If so, what obligations and on which service provider(s)?

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 20/46

When a provider accepts a subsidy to provide a basic service, it should have the obligation to deliver that service. The requirements for providers with fibre plants should be higher than those with copper wireline plants. Any new subsidy should be for fibre optic support and not to improve or enhance old copper based networks. Moreover, subsidy for satellite services should be limited to areas where only, and strictly only, satellite services can be deployed. Requirements need to respect reality. A Quality of Service test should be conducted regularly and the results in markets where there is a single provider (or a provider that has over 90% of the market) and where subsidies are accorded should be public.

In HCSA’s, the designation of Basic Services should be an Obligation, not an Objective;

and the basic services should not be limited by the technology of delivery and the transport. In accordance with the Telecommunications Act, the consumer has a right to “reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada” and to technologies that “respond to the economic and social requirements of users of telecommunications services”

c) What should be the prices for basic telecommunications services and how should these prices be determined? Provide rationale to support your answer.

Prices should be determined by a national or provincial average. Above all, it’s not the number of people in a market that should determine price; the difference in price represents the cost of building and maintaining transport networks. The subsidy program should recognize separately costs for transport and distribution.

There may be an argument that the difference in microwave, satellite and fibre costs can affect price but a subsidy structure can reflect variation in funding; and the results will be a rebalance of consumer rates.

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4. Can market forces and government funding be relied on to ensure that all Canadians have access to basic telecommunications services? What are the roles of the private sector and the various levels of government (federal, provincial, territorial, and municipal) in ensuring that investment in telecommunications infrastructure results in the availability of modern telecommunications services to all Canadians?

The traditional commercial market models for Canadian telecoms are Telus and Bell.

**** require substantial populations to support advanced services for both transport and distribution. For the past 30 years in Eeyou Istchee and **** Bay, we have seen a clear demonstration that such a business model is impractical and has resulted in an underserved population with digital divide problems. In the ECN experience, by being better integrated to the socio-economic context of remote or isolated regions, the short-term results are more positive than the long-term results of the telco business model.

Moreover, for services to maintain continuity, the telcos and the new ECN type model have to complement each other in order to provide a global and efficient service for the Canadian territory in terms of telecommunications.

In a not-for-profit environment, “market” forces are driven by substantially different considerations. For a profit-making company, a business case must exist for a market to be served; in this environment, a subsidy is required to help the company sell its product.

For a non-profit, the “market” is the community where the provider is often the same person as the consumer; for a non-profit to provide a service, there must be a community case as its purpose is to create an environment where everyone succeeds; for a non-profit, economic development and job-creation are its real profit By changing the subsidy system from a single HCSA subsidy to a transport and distribution subsidy, people in outlying and remote regions can develop fibre plants and absorb the costs more fairly. Without support, the north will always be dependent on DSL and satellite services to deliver lower quality speeds and inadequate bandwidth for data; it is the application of the subsidy system that can provide the means to overcome the digital divide.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 22/46

In order to provide adequate subsidies, each sector should be evaluated comparatively and the best value should be the governing issue.

5. What should be the Commission’s role in ensuring the availability of basic telecommunications services to all Canadians? What action, if any, should the Commission take where Canadians do not have access to telecommunications services that are considered to be basic services?

The Commission needs to ensure that the subsidy is used to guarantee that consumers receive the best available service. The delivery of broadband Internet services needs to be regulated to ensure that in areas where there is available transport, that the most robust system is guaranteed and subsidized.

Further when a subsidy is provided, the Commission has to ensure that the funds are used for the advantage of the consumer.

6. In Telecom Regulatory Policy 2011-291, the Commission stated that it would closely monitor developments in the industry regarding the achievement of its broadband Internet target speeds to determine whether regulatory intervention may be needed. What action, if any, should the Commission take in cases where its target speeds will not be achieved by the end of 2015?

If the telco in question can deliver a more robust service and it does not, the Commission needs to publicly disclose the Quality of Service reports and a full financial report on how the subsidies are being used by the offending telco.

7. In Telecom Regulatory Policy 2013-711, the Commission stated its intention to establish a mechanism, as required, in Northwestel’s operating territory to support the provision of modern telecommunications services. Such a mechanism would fund capital infrastructure investment in transport facilities (e.g. fibre, microwave, and satellite), as well as the cost of maintaining and enhancing these facilities. The Commission considered that this mechanism should complement, and not replace, other investments from the private sector and governments, including public-private partnerships.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 23/46

a) Explain, with supporting rationale, whether there is a need for the Commission to establish such a mechanism in Northwestel’s operating territory. As well, explain whether there is a need for such a mechanism in other regions of Canada.

The Commission needs to establish a system throughout Canada that recognizes the three available streams for telecommunications traffic: fibre, microwave, and satellite and to treat each service fairly in accordance with their capabilities and handicaps. Where there are two or more services available, the Commission needs to judge each zone by its best available service.

b) What impact would the establishment of such a mechanism have on private sector investment and government programs to fund the provision of modern telecommunications services?

If there are subsidies and the subsidies are required for the business case of the telco, the Commission should have the right of public review to insure and inform that consumers receive the full advantages of the digital service available.

A well suited and controlled subsidy can facilitate the deployment of a modern telecommunications infrastructure. Private sector investments should be encouraged but need to fit in with the socio-economic environment of the region with a fair or equal distribution of the services throughout the region.

8. What changes, if any, should be made to the obligation to serve and the basic service objective?

Simply, Internet service of not less than 5 megs download/ 1 meg upload should be immediately included in the Basic Service Objective (with a scheduled review for upgrade in 24 months); and that data links not less than 20 megs should be available for public health and education institutions in areas where service is available, even if it is provided by a third-party; and that any telco that is subsidized be “Obligated” to provide the BSO service. Further, this minimum objective should be set only for copper technology; where fibre is used, the standard should be higher. As soon as fibre becomes Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 24/46

available in an area, those minimal objectives need to be increased significantly such as by a factor as high as 10, i.e. 50 megs.

9. Should broadband Internet service be defined as a basic telecommunications service?

What other services, if any, should be defined as basic telecommunications services?

Broadband Internet and high-speed data for institutions should be included, as per our response to question 8. Cellular should not be included; video services should be considered as a separate issue. Internet service of not less than 5 megs download/ 1 meg upload should be immediately included in the Basic Service Objective (with a scheduled review for upgrade in 24 months); and that data links not less than 20 megs should be available for public health and education institutions in areas where service is available, even if it is provided by a third-party.

10. What changes, if any, should be made to the existing local service subsidy regime?

What resulting changes, if any, would be required to the existing regulatory frameworks (e.g. price cap regimes)?

We propose that the subsidy regime be changed to directly support consumers for both telephone and Internet services. Presently, telcos use the fund to sell telephony at a price fixed by agreement with the regulator; and funds are applied to supporting their overall operations, transport and distribution including maintenance and operations.

We propose that the Commission separate the telephone subsidy regime in two:

distribution and transport. Further, the telcos should be required to use higher-quality third-party transport services where available; and that each portion of the subsidy be available directly to transporters and to local competitive telcos. This competition could reduce the subsidy requirements and make additional funds available for Internet service.

Further, local telephone competition should be eligible for a subsidy on the comparative service-to-user and cost-per-user basis. Most of all, telephone providers who do not provide any DSL service should not be eligible.

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11. What changes, if any, should be made to the contribution collection mechanism? Your response should address, with supporting rationale, which TSPs should be required to contribute to the NCF, which revenues should be contribution-eligible and which revenues, if any, should be excluded from the calculation of contribution-eligible revenues.

According to (http://www.crtc.gc.ca/public/cisc/docs/4quarter2014.pdf), the 4th quarter CRTC Central Administration Fund 2014 report, there is $44.3 billion in telecom revenue.

Some telecom services are currently exempted from the National Contribution Funds; at the time of submission, we were unable to identify the methodology that the CRTC uses to determine these exemptions. At first glance, the exemption of telecoms with revenues under $10 million appears reasonable.

We believe that all telecommunications service revenues (except the under-$10-million firms) should be subject to the telecommunications revenue-eligible fee for the subsidy regime.

Further by including all retail Internet as revenue-eligible, the fund would be increased sufficiently to allow for new fibre-optic construction and development projects by community telecoms. This additional allocation could be assigned to an independently-managed national non-profit fund, licensed by the CRTC, for specific projects in remote and northern regions; and the goal of this fund would be to help the local community associations deliver Internet-based telecommunications services at fair rates. The fund could also be increased and expanded to include ongoing provisioning costs to meet increasing demand while maintaining price caps.

The benefits that will accrue from these changes are similar to the telephone benefits under the NCF; by providing a telephone subsidy, many telco networks have been able to expand service to a growing number of communities, thus increasing telephone access;

similarly a subsidy available to community telecom providers, would increase the access available to broadband services for underserved Canadians in outlying communities.

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12. Should some or all services that are considered to be basic telecommunications services be subsidized? Explain, with supporting details, which services should be subsidized and under what circumstances.

As stated in Question 11, funds could be assigned to an independently-managed national non-profit fund, licensed by the CRTC, for specific projects in remote and northern regions; and the goal of this fund would be to help the local community associations deliver Internet-based telecommunications services at fair rates. The fund could also be increased and expanded to include ongoing provisioning costs to meet increasing demand while maintaining price caps.

The funds for remote non-profits should include telecommunications infrastructure projects as well as provide for project-specific digital literacy and training activities and/or projects focused on the development, provision and maintenance of telecommunications services. This funding formula has been applied in the past by the CRTC with regard to Community Radio where it has been an important factor in developing Canadian content and talent. If applied, it could insure service to all Canadians, even those who are beyond the “last mile”.

13. If there is a need to establish a new funding mechanism to support the provision of modern telecommunications services, describe how this mechanism would operate. Your response should address the mechanism described in Telecom Regulatory Policy 2013-711 for transport services and/or any other mechanism necessary to support modern telecommunications services across Canada. Your response should also address, but not necessarily be limited to, the following questions:

a) What types of infrastructure and/or services should be funded?

Depending upon the region, suitable technology should be assisted. For example, in Nunavik, satellite is most likely appropriate and for now the only solution; very long term planning should however aim for a fibre optic. In Whapmagoostui/Kuujuarpik, currently served by satellite and ILEC voice traffic with low performance microwave, fibre optic Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 27/46

projects should be considered. Where there is fibre or the area is suitable, only fibre should be subsidized. In areas where fibre exists or the area is suitable to build it, fibre should be subsidized. For services, high-speed broadband Internet for the general population should be considered as a BSO; for telemedicine and education, data should be supported. In short, transport infrastructure should be funded as a separate fund; in addition, local fibre plants and transport fibre lines for Internet delivery should also be funded.

b) In which regions of Canada should funding be provided?

There are two areas that should be considered: rural and remote. Rural should be interpreted broadly, including areas not far from metropolitan regions but that lack advanced services. Remote areas are likely distant and isolated communities that are underserved or, in some cases unserved; however these areas cannot be measured only by the distance from urban centres – for example Opitciwan has fewer services than Kuujuak, although it is closer to a developed area in terms of broadband communications.

In the **** Bay area, Eastmain is underserved and remote, and 275 km away from current Eeyou Communications Network fibres.

Instead of providing subsidies in telco-defined High Cost Serving Areas, funds should be provided on a priority basis to remote, isolated and rural communities that are underserved or unserved. It would be important to redefine the ‘underserved’ classification and to reference it directly to a ‘served’ area such as a large urban center.

This is the only way to objectively address the digital divide.

c) Which service providers should be eligible to receive funding, and how should eligibility for funding be determined (e.g. only one service provider per area, all service providers that meet certain conditions, wireless service providers, or service providers that win a competitive bidding process)?

First priority should go to a community provider or regional provider operating with a suited business model and who has a track record of meeting commitments. Overall, Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 28/46

where there is low population density, overlays of networks are not economically viable.

A shared and the most efficient network should be funded and funding should be reviewed every two years. Support from local governments should be a substantial consideration.

d) How should the amount of funding be determined (e.g. based on costs to provide service or a competitive bidding process)?

In remote areas, the lower cost often translates into a lower quality, lower efficiency and lower services. Any bidding competitive must be attentive to quality of service. In addition, the cost per subscribers is also a critical consideration.

e) What is the appropriate mechanism for distributing funding? For example, should this funding be (i) paid to the service provider based on revenues and costs, or (ii) awarded based on a competitive bidding process?

An important criteria should be to advantage a service who is part of the community or the region to be served. An outside provider can easily cherry-pick services or locations and provide them on a global basis, but these services might not meet the needs of the consumers who live in the community or the region. The overall objective of digital literacy is for regional service to be as homogeneous as possible.

For example, in **** Bay, Bell Aliant offers the same level of services to all clients.

Although sold as different services, the dearth of bandwidth means that, in the end, virtually all services are the same – a 5 meg becomes a .5 meg, a 10 meg becomes a 1 meg service. In short, actual delivery is not the same as the promises of delivery. Under these circumstances it would be possible for the telco to offer a service at a reasonable price while a local supplier who can provide the same advertised service, might do so at a higher price.

With the ‘traditional service provider model’ wholesale price for a 1 Mpbs of Internet Transit may be 30 times higher in Chisasibi than in Chibougamau. With a socio-economic model that is better adapted to the region, such as ECN, the Internet transit Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 29/46

price is the same all over the region and closer to the Chibougamau price than the traditional service provider.

The importance of a local/regional provider means that the probability of a guarantee of service will be respected at all time. After all, in a local non-profit or cooperative with a community Board, the providers are the consumers rooted in the region.

f) Should any infrastructure that is funded be available on a wholesale basis and, if so, under what terms and conditions?

Any infrastructure that is funded should be a public service network. For example, Eeyou Communications Network is an open-access network. The goal is to reduce the price of bandwidth for all users. A profit making network would have as its goal to be viable, and little else.

In the ECN, the mission is to make available bandwidth that respects the needs of its users (health, education, and ISPs) at the lowest cost. In so doing, all users benefit as the open-access model makes a significant supply of bandwidth available to all users at reasonable rates.

g) Should the Commission set a maximum retail rate for any telecommunications service that is subsidized?

In outlying areas, the cost of delivery is considerably greater than the cost of local distribution. For example, delivery of 50 megs can be overwhelming in comparison to the delivery of 50 megs in Montreal. For the purposes of the subsidy, the amount of subsidy should be available up to 10 megs and only when the retail price is not more than 15% above the national average for comparable service; the subsidy would cover the costs above the retail rates. For those who require 50 megs, the market should determine the price.

h) Should this mechanism replace the existing residential local wireline service subsidy?

If so, explain how the existing subsidy should be eliminated, including details on any transition period. In addition, explain whether the small ILECs and/or Northwestel Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 30/46

should be subject to any special considerations or modifications for this transition period.

The wireline subsidy should remain in place for now for those with telephone service.

The Internet subsidy proposed should begin without delay for Internet that meets average speeds of at least 5 megs in wireline areas and appropriate speeds in satellite served areas.

The Internet subsidy, like the phone subsidy, should be used to underwrite the excessive charges in providing a quality service.

The subsidies should be separate. Those with Internet service would not require a phone line as the Internet could provide the same carrier services. For those subscribers, the subsidy for Internet would suffice.

Were the consumer to simply move a telephone from an ILEC to a digital service that is a licensed CLEC, the subsidy should be as portable as their phone number.

Installation of Internet service for residential services should be considered as eligible for the subsidy.

The existing telephone subsidy should exist for a maximum of three years or in specific communities, until such time as the new service is available.

The critical element in this matter is that the consumer has his/her ability to choose.

The ILEC should be obliged to offer transferability of the existing telephone service.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 31/46

Appendix 1
ECN Technical Description and Background

The Digital Divide has deeply affected the Eeyou Istchee / **** Bay territory and its neighbouring regions. Over the years, with very limited access to broadband connectivity and services, the social and economic development of this immense region has been severely impacted, if not stopped, while the populations, the businesses and the enterprises were being denied access to critical, essential or simply basic modern services in almost all areas including health, education, public security, justice, communications, information, Internet, entertainment and many more.

While Governments and businesses are looking toward **** for more development, the mandatory and essential Information and Communication Technology infrastructures to support this vision are not there.

In addition to providing modern services to residents, institutions and businesses, ECN produces regional economic spin-offs by generating local employment, promoting local Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 32/46

businesses development, developing local resources and retaining regional expertise.

With a regional, autonomous and self-sustainable broadband infrastructure, revenue generated will remain in the region to support further its own economic development.

ECN addresses three fundamental needs. First, to complete the transport fibre connectivity to all communities to the ECN fibre network. Second, to advance the completion of the large Northern fibre ring to provide of network robustness, security and service reliability required for such critical or essential services. With full broadband transport fibre connectivity, ECN can provide service to the residents and small enterprises to deliver complete range of telecom facilities.

Now, ECN’s next move is to deploy a global end-to-end Fibre-to-the-home (FTTH) GPON infrastructure capable of supporting the complete Triple Play services (Internet, video and voice) at speeds that will sustain growth for many years to come. This will equalize the northern and southern services and will definitely eliminate the Digital Divide.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 33/46

ECN currently operates a broadband fibre optic transport network. All communities currently have an Alcatel-Lucent 7750 SR-7 router in place and a local distribution fibre network, both of which can be leveraged as foundations to deploy a regional FTTH project. ECN already provides Internet service to institutions including all hospitals in the region, small ISPs and large businesses over its MPLS network using direct connection from the 7750s to customer premises and thus ECN's network is part of the global public Internet. An FTTH access solution using GPON is required to consider providing services more broadly, to SMB and residential customers, which is the main object of this project.

As complement, the communities of Eastmain and Waskaganish, although already having a local infrastructure in place (7750 router, distribution fibre network) remain to be connected to the ECN backbone transport network, as per ECN's "Phase 2" project, consisting of the connection of these communities and the closing of the regional fibre optic ring.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 34/46

Reliability: The proposed points of presence are already housing ECN transport equipment and are already fitted with a battery power plant with external connectors for the connection of a transportable generator. ECN has 2 portable generators distributed on the territory for emergency purposes. All ECN transport links (backbone and towards all communities) use redundant fibres over redundant line cards in the transport routers.

Moreover, all ECN backbone transport sites (6) are equipped with diesel generator sets for emergency back up power. The transport routers (7750s) are all fitted with redundant power supplies and redundant processors. Only the router's chassis itself is not redundant.

The proposed OLT shelves (7360s) would benefit from the already installed power plant and would also be fitted with redundant processors and redundant power supplies.

With technicians present in each community or within 100km, MTTR for the routers, OLTs and ONTs would be of 4 hours. MTTR for outside plant repairs would be of 4 to 12 hours depending on the type of problem (single fibre drop vs. buried transport cable).

Connections from the OLT to the transport router would be redundant over redundant line cards on both ends. GPON connections to the customers would not be redundant but a spare GPON line card would be present in each community. Each system component would have at least one spare part in store in both the northern and southern warehouses of ECN to minimize repair delays.

Advantages of the technology solution: First and foremost, fibre outside plant is less expensive to maintain than a copper outside plant as it is fully passive. This combined with the increased bandwidth of fibre vs. DSL and cable technologies favours greatly such a solution. The fibre outside plant and the proposed access optoelectronic will meet the bandwidth requirements for these communities easily for multiple decades. Moreover, the business plan includes life cycle management and replacement of optoelectronics at end of life. As ECN already has a local fibre distribution network in all communities this solution makes the most sense and is the better solution for long-term service to the population. The FTTH solution will also enable voice and video services to be provided through the same access infrastructure.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 35/46

Network management strategy: A network oversubscription ratio of 20:1 is expected in the design. The system is designed to provide minimally 25Mbps of dedicated bandwidth to each subscriber in the worst case scenario (80Gbps shelf capacity for 3000 dwellings in Chibougamau, assuming 100% take-up rate). In most cases, dedicated capacity is much higher and is on average of 116Mbps per dwelling, also assuming 100% take-up rate or 155Mbps with the assumed 75% take-up rate. Transport links are upgradable to accommodate future bandwidth requirements.

ECN assets: ECN currently owns fibre splicing cherry-picker trucks and fibre splicing tools (OTDRs, fusion splicers, etc...) that would be used in the operation of the regional FTTH network.

Eeyou Communications Network / Réseau de Communications Eeyou is more than a fibre-optic broadband service: it is a local telecommunications partner that provides reliability, relevancy and support. It is a daily presence in the community - not a distant company with remote clients.

ECN engages its customers by ongoing contact, and by encouraging our communities to tell us how we can enhance services. Our plans to expand this service include developing regularly-scheduled local and regional customer advisory panels, with commensurate incentives, to explore what the community expects from its network and how ECN could be better at its job.

ECN is an active ongoing member of the community, not just a service provider. Our policies are based on person-to-person engagement and making our management answerable to the public. Unlike any other telecom, Eeyou Communications Network strives to provide the highest quality of contact attainable; to demonstrate clearly to our clients that they are more than just paying customers, they are our audience, our governance and our shareholders.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 36/46

Our customer service policy is an extension of these principles:

1.) ECN Operational robustness and efficiency: We aim for the highest attainable standard.

2.) Health and Safety: Our communities and our staff can depend on working in a secure environment.

3.) Education and Training: ECN will teach developing technology and services and train local residents in work skills.

4.) Network Viability: We will strive to be there, wherever we are needed and wherever we can help.

5.) ECN Rates and services Offered: Economical, affordable, variable and based on customer needs, reliable and providing the client with a competitive edge.

6.) Respect communities: ECN enhances the autonomy of the region by providing a secure and functional communications network and having a local workforce ready to serve in the communities where we live.

ECN has adopted important values with regard to team work, customer focus, communications, safety and attitude in work accomplishment. We know our customers needs because, as neighbours, we are part of the same communities.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 37/46

Appendix 2:

Preliminary **** Study on Internet Speeds and Advertised Rates In the **** Bay/Eeyou Istchee Region

1. Summary

1.1 Telebec has significantly reduced Internet services to individuals and business in Cree communities with deliberate preferential treatment of cellular Internet service over DSL and by favouring non-Cree industrial sites in the same territory that use the same backbone with significant bandwidth advantages.

1.2 Service “throttling” decreases service in Cree communities while monthly rates remain the same; non-Cree clients such as the Eleonore mine are not subject to either embargo or throttling.

1.3 Further, Telebec has embargoed new connections in Cree HCSA communities by refusing to provide new DSL connections (residential and commercial) in Cree communities. See Attachment 1: Telebec memo concerning the embargo in specific communities

2. Description of Telebec distribution network system 2.1 Telebec (Bell) current has microwave towers from Val d’Or/Amos/Rouyn up to Whapmagoostui. This microwave network provides a full range of telecom services including telephone, cellular and land-line Internet to all the communities and to the Eleonore mine, Hydro Quebec and Radisson.

2.2 In all communities, Telebec sells cellular Internet. Other than in Chisasibi and Wemindji, Telebec sells DSL using a bandwidth manager that divides the service into streams: one for DSL; and a second stream goes to cellular (G4) users who Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 38/46

pay a data usage fee and their speed is around 3 to 4 Mbs. As cellular clients’ usage increases, DSL clients’ availability decreases.

2.3 The Telebec Microwave tower system is described in the following attachment 2.

3. Description of Telebec Internet Service Difficulties 3.1 There are two types of Internet service:

• DSL (a fixed monthly rate) and
• Cellular (data charges based on usage)

3.1.1. Telebec has embargoed new Internet DSL connections (residential and commercial) in 7 Cree communities and Radisson. There is no embargo on cellular Internet.

3.1.2. Customers with DSL service report that the service quality has decreased regularly over the past year.

3.1.3. Customers with cellular Internet report decreasing download speeds, although higher than DSL.

4. Community impact of difficulties caused by Telebec policies 4.1. Reducing Internet speed and delivery connections negatively impacts social and economic development in the Cree communities.

4.2. Eastmain is constructing a number of public buildings including fire, police, community centre, elders’ residence. All are designed with integrated security and require an Internet hook-up. Telebec refuses to supply DSL connections to these buildings

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 39/46

4.3. Subscribers in Eastmain and Waskaganish report that when they move, they are disconnected and not reconnected as they are re-designated as new subscribers.

Also subscribers who are already connected now have slower speeds and occasionally lose their signal.

4.4. The regional Cree Board of Health and Social Services which has doctors on a rotating basis cannot get Telebec to provide new Internet connections for their use.

5. Observations of unfair practices and denial of services:

5.1 Relating to DSL vs. Cellular service:

All clients, whether cellular or DSL across the regions should be treated fairly and openly. If there is a bottleneck or a lack of bandwidth along its network, the burden of reduced services should be shared equally by all clients and all areas served.

5.2 Relating to quality of service to Communities vs. Industrial Sites The CRTC should investigate the actual division of bandwidth in the region.

From basic information that has been gathered, it appears that at least 30% of the Telebec service is dedicated to the Eleonore mine (about 600 clients) and the remaining 70% is available to Cree and Jamesien north of Matagami (about 6000 clients).

5.3 Maintenance

In a test of Internet services and speeds in the communities of Eastmain, Nemaska and Mistissini, conducted at delivery times not within peak usage hours, the results showed that service within the communities are inconsistent and likely technically defective. Despite reports to Telebec of the local difficulties, Telebec Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 40/46

has not made an effort to repair the services within their own networks. (See Attachment 3 – **** results conducted in communities) 5.4 Failure to Consider Planning for the Benefit of Consumers The CRTC could consider that Telebec can reduce its bottleneck by purchasing bandwidth from ECN in Radisson and directing it southward (thus increasing its capacity).

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 41/46

Attachment 1: Notice of Embargo on Cree communities

This memo was forwarded to Eastmain by a Telebec staff, confirmed the embargo issue.

Note that in the memo there is no reference to the Eleonore mine site, only to Cree and Jamesien areas.

Also note that Mistissini is fed by a different circuit than the coastal communities and may be physically limited by the capacity of the microwave circuit and not by preferential treatment.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 42/46

Attachment 2:

The Telebec microwave network along the **** Bay road is publicly licensed by the CRTC and, as Telebec is licensed as the dominant public carrier in the region, it is intended to be available for use by all Telebec services including, telephone, cellular and Internet.

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 43/46

Attachment 3: Survey Results

**** Results of survey in three communities conducted Feb 23-25, 2015 at service times outside peak hours

Peak service time chart conducted on Telebec service (Feb 25, 2015):

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 44/46

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 45/46

Cree Nation Government Presentation to CRTC 2015-134 Eeyou Communications Network Basic Service Objectives ________________________________________________________________________July 14, 2015 46/46

Intervention: Cree Nation Government and Eeyou Communications Network

Document Name: 2015-134.223995.2394520.Intervention(1fbmg01!).html

We thank the Commission for this opportunity to contribute to this consultation on Basic Services and Telecommunications regulation. We request the opportunity to participate in the public hearing in Gatineau, Quebec, beginning on **** 11, 2016.We believe our participation in the hearing in addition to our written submissions can add understanding of the northern regions, a region that is key to the issues in this consultation.The needs of the communities, the delivery of telecommunications services, subsidy models, and practical issues will be addressed and we can provide a perspective in how northern communities can provide high-quality basic communications services including broadband within these regions independent of ILECS and major telcos. We intend to be at the hearing although some may participate by videoconference from northern locations.

Intervention: Cree Nation Government (Intervenor 291)

Document Name: 2015-134.223995.2394520.Intervention(1fbmg01!).html

We thank the Commission for this opportunity to contribute to this consultation on Basic Services and Telecommunications regulation. We request the opportunity to participate in the public hearing in Gatineau, Quebec, beginning on **** 11, 2016.We believe our participation in the hearing in addition to our written submissions can add understanding of the northern regions, a region that is key to the issues in this consultation.The needs of the communities, the delivery of telecommunications services, subsidy models, and practical issues will be addressed and we can provide a perspective in how northern communities can provide high-quality basic communications services including broadband within these regions independent of ILECS and major telcos. We intend to be at the hearing although some may participate by videoconference from northern locations.