When Bell Canada began throttling P2P access on its network for nine hours a day in an effort to keep the tubes clear, the company probably didn't mean to goad regulators into launching a major net neutrality proceeding that could set the ground rules for ISPs across the country. But judging from this week's comments by Canadian Radio-television and Telecommunications Commission (CRTC) boss Konrad von Finckenstein, Q.C., that's exactly what Bell Canada is about to get.

In a speech this week (PDF), von Finckenstein pointed out that the dispute between Bell Canada and the group of small ISPs that lease wholesale access from it was only "the tip of the iceberg. Under the heading of 'net neutrality' lies a whole range of questions affecting consumers and service providers. Fundamental issues of technology, economics, competition, access and freedom of speech are all involved."

But will the CRTC take up such questions? von Finckenstein certainly hinted that it would, saying, "In the coming year, we will continue to study the issues surrounding net neutrality. This process could evolve into a major public consultation in order to obtain the views of interested parties. It is one of the polarizing issues of the day. It will have to be addressed and debated by all of us."

Such a proceeding would go far beyond the narrow issue of the day, whether Bell Canada can throttle P2P access on its GAS wholesale service. That debate also got more interesting this week as the CRTC sent another letter to Bell (PDF) demanding that the company publicly release some of the "confidential" data it submitted to CRTC in defense of its practices.



Bell Canada's throttling lifts only at 2AM

Bell had claimed that data on link utilization thresholds and congestion criteria was commercially sensitive and would only be submitted to the CRTC, not to the ISPs challenging Bell or to the general public. In its public filings, that data was redacted. But the CRTC this week told Bell to make the information public, and to do it by June 23.

"Commission staff has determined, based on all the material before it, that no specific direct harm would likely result from disclosure," said the CRTC, "or that the public interest in disclosure outweighs any specific direct harm that might result from disclosure, of the information specified in the Attachment to this letter."

Bell now has until Monday to make available some of the data it used to argue that P2P was creating unacceptable congestion on its network. The CRTC will rule on the case sometime this autumn.