CRTC to TELUS: Wireless Code Applies to Corporate and Employee Plans

Back in March, Telus filed an application with the Canadian Radio-television and Telecommunications Commission (CRTC) asking the commission to clarify whether certain “corporate plans” should be considered individual or small business plans. If they do fall under this category they must be in compliance with the CRTC’s Wireless Code.

Today, the CTRC has issued a response clarifying the question in the application submitted by Telus. Telecommunications consultant Mark Goldberg tweeted the news early this morning:

CRTC clarifies that Wireless Code applies to employee plans and corporate individual plans http://t.co/Who9zkyL8E #WCoC #CRTC #CDNtech

— Mark Goldberg (@Mark_Goldberg) October 8, 2014

The commission states that the Wireless Code applies to all data services which are provided either to an individual or a small business. All contracts in which the individual is responsible for part of or all of the charges are subject to the rules of the Wireless Code.

“This means that it [the Wireless Code] applies to all wireless plans for such services where the contract is between (a) an individual and a service provider, or (b) a small business and a service provider. Further, the Commission clarifies that the Wireless Code applies to all contracts between an individual and a wireless service provider where the individual is responsible for some or all charges related to the contract.”

The CRTC found that all corporate plans and employee plans offered by Telus are subject to the Wireless Code because of the way the carrier describes the plans.

“The Commission finds that both “corporate individual plans” and “employee purchase plans,” as they are described by TCC, are wireless contracts between an individual and a service provider where the individual is responsible for some or all charges associated with the contract, including but not limited to roaming and overage charges. Thus, the Commission clarifies that the Wireless Code applies to “corporate individual plans” and “employee purchase plans” as described by TCC.”

The commission also notes that “enterprise plans” do not fall under the Wireless Code. Telus describes an “enterprise plan” as an agreement between a medium or large business in which the individual is not responsible for any of the costs associated with the contract.

“The Wireless Code does not apply to “enterprise plans” as described by TCC, which are agreements between a service provider and a medium or large business where the individual using the service is not responsible for any of the charges incurred.”

The CRTC says that the main factor involved in determining if the Wireless Code applies to a plan is whether the contract is mainly for personal or business use.