OTTAWA – The CRTC yesterday informed the Competitive Network Operators of Canada (CNOC) it will not consider the organization’s recent request for an order for CRTC chair Ian Scott to recuse himself, or be recused, from deciding telecommunications matters affecting service-based competition.
The Commission further informed CNOC it will not be posting the request on its website as a Part 1 application “as the decision of a Member of the Commission to recuse themselves in respect of a matter is a decision that only the Member can make and does not engage the Commission’s processes,” a letter from the CRTC to CNOC reads. (The letter has not been posted on the CRTC’s website, however Cartt.ca received a copy of it from CNOC.)
CNOC made its request for Scott’s recusal earlier this month as TekSavvy is currently appealing a CRTC decision on wholesale third-party Internet access rates – an appeal which raises allegations of bias due to a one-on-one meeting Scott had at a bar with Mirko Bibic, Bell’s chief operating officer at the time, and a comment Scott previously made stating a preference for facilities-based competition. CNOC asked for Scott’s recusal pending the results of TekSavvy’s appeal.
The CRTC’s letter in response, however, indicates Scott will continue to make decisions about whether to recuse himself as matters are brought before the Commission, as is the case for all members of the Commission.
“Consistent with the principles of administrative law, when a request for recusal is made in respect of a specific decision-maker, such as a Member of the Commission, the decision to recuse oneself is made by that decision-maker alone,” the CRTC’s letter reads.
“This practice applies to all Members of the Commission upon their appointment and continues throughout their terms whenever matters are brought before them for decision. Whether recusal is appropriate in a given case is a question that each Member must decide each time they adjudicate a matter and the present situation is no different.”
CNOC is not satisfied with the CRTC’s response.
“This is a disappointing, and disconcerting attempt to avoid accountability,” said the organization’s executive director Geoff White, in a statement emailed to Cartt.ca.
“In refusing to publicly post our application and consider it, not only has the CRTC breached its own rules, but due process. Recall, a CRTC Commissioner was dismissed from his position by Cabinet (in part) because of a private meeting. In the current case, the appearance and admission of bias, which are also before the Federal Court of Appeal, is much more stark.”
White indicated CNOC is now considering its options.
