It Takes a Lawyer to Shop at Canadian Tire

If the title of this post makes you think that you're about to read a rant against Canadian Tire, right up front I'll say that this isn't the case. Actually this is about something that happened that caused me to laugh and wonder about the marketing smarts of this retail giant and, for that matter, some of their competitors. Let's begin with a bit of make-believe.

Imagine that your favourite retailer tells you that it has opened a new store. This one is closer, offers a wider selection and promises a convenient shopping experience. Enthusiastic about this welcome development, you make your way over to this new store to check it out.

When you arrive at the store you see a confused mass of people near the entrance which is blocked by a line of burly security guards. You move closer, curious about what's is going on. On the wall above the guards is a large billboard display with a lot of text in small typeface. Most of the faces are looking up at it with looks that range from bewilderment and boredom to anger. You sensibly pay no attention to all of this and move through the small crowd. A guard blocks your path and hands you a slip of paper.

He tells you that you must sign the piece of paper before entering the store. His demeanour brooks no argument. You soon see that the paper contains the same text that is up on the billboard, and it contains a lengthy legal agreement. Skimming the text you see a lot of legalistic language about what you are and are not allowed to do in the store, various privileges that you grant to the store over you and your private information, and so forth.

It's all a bit much to read and to understand, and especially not now that you are here at the store and ready to spend your money. You are a long-standing customer of this retailer so you have some loyalty but you also are annoyed at this encumbrance. So what do you do: toss the paper on the ground and leave or sign it without really reading it and go about exploring the store? You notice that most people in the crowd make their decisions quite quickly, by signing the paper and walking through the entrance.

This story is just a bit bizarre, yet it is exactly what happens when you attempt to use the Canadian Tire app on the Android Market. If you don't accept the enormous legal agreement and all of its terms and conditions, the app exits and denies you the opportunity to shop at Canadian Tire. This is a peculiar way of doing business for a retailer, especially since the market is very competitive, and is about to become even more competitive now that Target, the US retail giant, is moving into Canada. It's astounding to me just how oddly many companies behave on the web or in the newer mobile app world; they either have a terribly low opinion of their customers or they value internal corporate processes more than reaching out to their customers.

Speaking of Target, I decided to check out their app and that of a few other large retailers to see if they were any better. Target does not force you to agree to terms and conditions when you enter the app; they are available to view at your convenience. Well, almost but not quite. When I attempted to do so the app froze during the download. It did this every time I tried. So much for quality.

Best Buy did better, being more welcoming and not misbehaving, but they scored poorly on geographical awareness. It was funny how they successfully used my location to correctly determine my postal code, but when it tried to find the nearest store it choked because it only understood US zip codes. This is clearly only intended for the US market. That's fine if that's their intention, although they should have considered putting a geographical restriction of the app in the Android Market -- which is supported -- to avoid consumers a substantial number of potential customers.

I don't use mobile phone apps for shopping so all of these inconveniences don't impact me. I downloaded the Canadian Tire app to do some research on smart phone apps for my own business reason. That reason was enough to get me to finally agree to their conditions; the research requirement was of greater importance than worrying about the terms and conditions. Although I got what I came for, I am still left shaking my head at Canadian Tire's clumsy entrance into the mobile app world.

Usage-Based Billing as Distribution Fee

The internet has been a-buzz this week with the news that the CRTC-approved usage-based billing tariff has been approved and is slated for introduction on February 1. I won't repeat what was said (and re-said again and again) elsewhere so that I can focus on a perspective that is being incompletely reported elsewhere. This is the idea that UBB is going to be used as a content distribution fee by the ISP. This is not unlike the stratification that we are seeing in other household utilities (electricity and natural gas) where the delivery fee is scaled to, but separate from, the content (kWh and m3, respectively).

In the case of natural gas, Enbridge has exclusive rights to delivery while competing with others on the content (and on gas-powered appliances). In a similar fashion, Bell Canada has rights, but not exclusive rights, to deliver internet broadband service, competes with other ISPs on a range of connectivity services layered on that basic service (Sympatico), and, in competition with companies world-wide, content. Unlike Enbridge, Bell Canada does not have exclusive rights on broadband service since they compete with Rogers and others for both wired and wireless broadband. The difference is important since they are not a monopoly and that is, apparently, sufficient for looser, or at least more permissive regulation. Thus, UBB.

Putting aside for the moment the Bell Canada's true costs and their justification for their rates, let's look at what they are in effect charging for content distribution. However, we should first not that there is a type of exemption for what are purportedly the majority of broadband DSL users, those whose usage is below the threshold for UBB.

Currently, only a small percentage of users download enough data to hit these new caps. But many fear these fees will soon apply to everyone as the internet becomes more video based.

Since I am a customer of Primus I directly received the widely-reported email that they sent to their customers to outline the new fee schedule, partly to inform us but also I believe to add some fire to the brewing public relations battle. Here is their description of the new fee schedule

• Your existing High Speed Internet plan will now have 25GB of monthly usage included
• For the minority of customers who exceed this amount, additional usage up to 300GB will be charged at $2.00/GB to a maximum of $60.00/month. Usage in excess of 300GB per month will be charged an additional $1.10/GB
• Additional Usage Plans can be purchased starting at $5/month for an additional 40GB

Of course most people have at best a vague understanding of the relationship between traffic volume and content, and until now they haven't had to give it much thought. That is, although video streaming has a large impact on traffic volume, far more so than for voice and music, outside of Canada, even in the US, the caps tend to be much higher than 25 GB.

The service [Netflix] launched here in September, offering movies and TV shows streamed over the Web for a monthly subscription fee of about $8...
...
Video streaming eats up a lot of bandwidth. This isn’t a problem for Netflix in the U.S., where one of the strictest plans is Comcast Corp.’s, which limits users to 250 gigabytes per month. That’s still enough to watch eight hours of Netflix per day. In Canada, Internet providers have capped bandwidth use much more aggressively.

This seems to agree with what I've heard first-hand from Netflix users that one hour of video content is about 1 GB: 1 GB x 8 hours x 30 days = 250 GB. Therefore to stay under the 25 GB cap here in Canada limits Netflix users to under one hour per day. Of course this is misleading since other uses of broadband would already be eating up a substantial amount of that 25 GB. This is especially true in households with several people, including children, where their current usage may already be enough to incur UBB fees.

Therefore let's assume that all Netflix usage is subject to UBB fees. As shown above, Primus will pass along a charge of $2/GB, which translates to $2/hour of Netflix. Since the fee is capped at $60/month, this is 30 hours of content, or one hour per day. If you consume more than 8 hours, and provided you stay under 300 GB/month, the hourly rate will therefore decline in proportion to hours of content. For example, watch 2 hours/day and the effective UBB fee is $1/hour of content. Nevertheless, for that $8/month Netflix subscription you can easily pay far more, $60/month, to the distributor, Bell Canada. Nice, eh?

As a private company Bell Canada certainly has a right to run a profitable business that provides a financial return to their investors while offering a legal set of services that customers value and will pay for. Since they are not a monopoly the regulator is justified in avoiding micro-management of their business, or those of their competitors. However, as we all know too well, competition is limited and is not enough to drive costs down to those of comparable companies in other markets. With effective competition not only would prices come down but customer service would improve and they would use every business and technology trick-of-the-trade to drive down costs even further so that they can lower prices further.

As matters stand, their profits are not outrageous but they are misleading since they have limited incentive to lower costs through increased productivity. For those of us outside of Bell Canada (and even for most within the company!) getting a true picture of costs, and of costs that can be well-correlated with any one or several specific services, is nigh impossible. Yet that doesn't stop many commentators from declaring that Bell's costs are really much lower than they are saying, even though Bell doesn't break this out in their financial reports (and probably couldn't do so if they wanted). The CRTC does see some detailed service costing information, which is kept confidential for good reason, but this is almost certainly massaged to Bell's best advantage while still appearing credible. The CRTC's ability to challenge those figures is limited, even though they are sometimes foolish enough to think they should.

This brings us to CRTC telecommunications policy, a subject I've covered many times in the past, which is focused on promoting facilities-based competition, not retail competition layered on incumbents' networks, as the appropriate way to achieve true competition and market-driven pricing. Interestingly, this point is finally striking its mark, just as the CRTC (and the government for that matter) have intended.

Andrew Day, the chief executive officer of Primus Telecommunications Canada Inc., says that, taken together, the CRTC’s recent decisions provide a clear view of the future, including what it would cost to own and compete over more of its own facilities; in short, becoming what is known in the industry as a “facilities-based” competitor that owns its own network, such as Bell or Rogers Communications Inc. “It gives clarity to competitors on how to make investments going forward,” says Mr. Day. “You now have perfect information to put forward a facilities-based business case.”

Unfortunately, as I've also said before, facilities-based competition is neither quick nor cheap, so don't hold your breath. Wireless competition will help but only in part. We'll have to wait to see if CRTC's policy will truly create effective alternatives across the country, even if only in some urban centres. Everyone will benefit, including Bell Canada and the other incumbents in the long term as they adjust their cost structures to industry norms.

Congestion, Content Buffering and Complexity

Just as a chain is only as strong as its weakest link, a network connection can only be as fast as its slowest link. An IP network is comprised of many connections and routers, and the path that each packet takes can be change during the duration of a connection (such as downloading a web page). Depending on congestion and routing the effective transfer rate can greatly vary during a connection. Usually the weakest link for many users is the speed of their ISP access service, and is therefore where congestion is most likely.

[As an aside there is also a lot going on under the hood, so to speak, to make internet data communication work, and can also bear on congestion. The ISPs and carriers employ many network design and operations staff, automated and manual network management, and all the hardware and software (and real estate) to keep things flowing smoothly. Data transport below the IP layer -- which can include, among other things, DSLAMs, multiplexors, ATM and MPLS -- and applications above the IP layer -- HTTP, SIP, RTSP,etc. -- are unconcerned with all of this network-layer stuff, and so I will ignore it all in this article.]

Congestion is a large topic which I will not attempt to cover in this article. What I do want to discuss is one aspect of congestion management, and that is network content caching. This is, in brief, the technique of reducing network congestion by placing content closer to the user. This is accomplished with a cache of files or other popular content that the network will redirect to when requests are received. Sometimes it is explicity accomplished with mirror sites, which you have likely encountered in the past, or implicitly in a manner that is transparent to the user.

I was reminded of this when I read this article in Ars Technica about buffering. There are a few things that bother me about this article, although it is generally pretty good, since it blends together topics such as congestion, buffering, latency and caching as if they were the same rather than the closely linked but separate items that they are. I don't want to dwell on the article too closely except to, I hope, add some clarity with the following observations:

1. Bit-km as the network loading metric: The object of mirror and cache sites is, in large part, to reduce the overall load on the internet across all of its component networks. If we exclude data compression -- the largest downloads are media files, which are already compressed -- we can only reduce network load by reduced the distance between the user and the content. If you are in Ottawa and you want to download a movie, the bit-km is lower if the content is cached, say, in Toronto rather than Los Angeles. The content is transferred to each cache once, and each local user doesn't tie up transcontinental network capacity.
   
2. Congestion has a time-frame: Imagine you are at the supermarket and you are looking for a cashier. If there is one free you would rush over there, avoid congestion for your transaction. If they're all busy, with other customers queued up at every cashier, you encounter congestion. Come back a few minutes later and you may find there is, again, a free cashier. This is an example of periodically high short-term congestion but low long-term congestion. The grocer's challenge is to engineer an acceptable amount of short-term congestion (long-term congestion is almost always bad) to optimize their economic outcome by balancing their costs and your continued patronage. Networks are similar, where there is some tolerance for short-term congestion as long as long-term congestion is kept under control.

When we talk about buffering in general it is about those line-ups, whether it be for cashiers or routing to the next link in a network data path. This is more about the impact on latency since caches and mirrors don't really affect congestion in the long run. The reason is that the network operators follow good engineering economics practice by only provisioning enough capacity to meet the demand; caches and mirrors reduce the overall demand and therefore the required amount of equipment and transmission capacity. Similarly, the grocer doesn't like cashiers sitting around doing nothing since it costs money, although as a customer you certainly prefer it that way. However all customers potentially benefit in both cases since with lower costs there can be lower prices.

Unfortunately all this efficiency has its own costs. Grocers have to do manage employee numbers and schedules against predicted -- never certain -- customer demand, just as network operators have to manage choice and placement of caches against predicted demand for that content. That complexity isn't free and therefore must be carefully assessed in every situation. All these systems add complexity to the network and create a need for specialized skills to manage the complexity. This is not only costly but also creates more failure modes. There have to be compelling cost reductions before taking on the risk of going down that path.

Against that complexity is the relative simplicity of adding more network capacity. This is a less-risky choice since it means doing more of the same thing: equipment, staff and processes. In addition, the costs are more predictable if, possibly, higher. Oftentimes throwing more capacity at the problem of both short-term and long-term congestion is the superior solution, at least until the pain of doing so becomes financially unacceptable.

If you want to come up against this first hand, try to sell a network operator on installing a new type of equipment into their network to solve the congestion problem. Should you succeed, congratulate yourself on achieving a monumentally difficult objective. More often you will fail but rarely turned away cold; the person you are selling to may know the potential benefit of what you're selling but will also know the risk to them (both personal and to their employer) of choosing unwisely. It is tempting to instead call up the Cisco sales rep and order a few more blades for those routers that are already running the network just fine.

User-transparent caching (or buffering, if you prefer) sounds good in theory but can be very costly in practice. Beware discussions of this topic that fail to mention complexity, cost versus alternatives, and reliability.

New Year Market Reversions

Thursday was a peculiar day for me on the stock markets because pretty much my entire portfolio went up, and in some cases by a ridiculous amount. In one case the stock price climbed after an earnings warning. This is all very nice, but nothing to get excited about since there have also been days when the reverse happened. It did however get me thinking once more of some of the pricing peculiarities that can happen in the days before and after the turning of the calendar.

You may be familiar with tax-loss selling, where you sell shares of stocks before year-end to capture the loss to offset current or future capital gains. This effect can drive the price of a stock down further in December when it is already in a marked downtrend. If only one could reliably know that a stock price is being artificially depressed by tax loss selling there is an opportunity to make a quick profit in January. The theory being that the stock will rise once more when the selling pressure ends at December 31 (minus 3 market days to account for trade settlement). I have seen a few losers in my portfolio rise substantially this week, but I have no idea if this is the reason.

The other new year effect is selling winners in early January. These are the stocks that have had a good run and investors want to realize some of their profit. You would choose to sell now because the gains are realized in the new year, and therefore capital gains taxes are (usually, but not always, depending on how closely CRA is watching you) paid in the subsequent years. In this case, 2012. Therefore we expect a tendency for stocks in an uptrend to suffer a setback in January and recover thereafter. Again, I have seen examples of this in my portfolio but I cannot claim that this is the reason.

For example, gold has just suffered a persistent decline all this week (as have the gold miners) after reaching new records in December. Perhaps this is a case of selling winners or perhaps people are truly bullish on the economy and no longer see an advantage of holding too much gold.

In my case I sold about half my holdings in a gold miner just before the new year, thus violating the January rule I outlined above. Here we see another effect that acts as a counterweight: RRSP. Since the gains (income, really) of stocks in an RRSP account are not realized until deregistered (explicitly or mandated subsequent to retirement) there is no advantage to watching the calendar too closely to make those buys and sells. Except, that is, to capture the benefit of others trading to their capital gains and losses: buying winners that dip in January or buying losers that dip further in December.

My own sale of that gold miner stock was done to capture the uptrend in advance of what I believe is an ongoing bull market in stocks and a corresponding decline in gold later in 2011, not about capital gains or losses.

Of course this discussion is not terribly useful now because most of the new year pricing impacts have already taken place. It is still useful to keep in mind eleven months from now. What you can do now, however, is review the past few weeks of price movements in your favourite stocks and see if you can spot examples of new year reversions, both losers and winners. It could be very educational.

Disclosure: I prefer to avoid mentioning specific stocks in my portfolio even though I highly doubt that would ever affect the stock mentioned. Therefore, no companies are named in this post.

Skype Outage Changes Nothing

Skype suffered a wide-scale outage recently and it doesn't matter one bit since it will keep being used, will keep adding new features and will in fact keep growing. Does this seem counter-intuitive? If it does, it may be because of falling into the trap of comparing Skype (or similar services) to wire telephony service where reliability remains a key metric. The media, even the technology trade media, has largely fallen into that very trap. This is the wrong way to assess Skype's episodic woes.

A good indication of what I see going on is by comparing the Skype outage to this week's woes of the iPhone and its new year alarm glitch. Even though Apple at first responded in the same negligent manner as they did when their antenna problems came to light earlier last year -- by saying that the problem would self correct in a couple of days, which it reportedly did not -- I would imagine that no one expects that iPhone users are about to jump ship and buy Android phones. It just won't happen, nor should it.

Skype, like the iPhone, has a tremendous amount of consumer acceptance -- an emotional attachment -- that is very tolerant of occasional failures or even persistent problems. In their eyes, the benefits are so overwhelming that the negatives do nothing to change their views. Indeed, they will even rush to defend their favourite product or service when it comes under attack during these inevitable screw-ups.

One bit of link bait I read (which I won't link to!) claimed that Skype's outage could irreparably harm its increasing acceptance among business users. I and many of the people I work with are Skype users and although the outage was annoying I heard not one peep from my Skype contacts about how angered and upset they were about it. In fact no one said much of anything. The media, too, has gone quiet, or at least they merely moved on to the iPhone alarm problem as the next great headline fodder.

No one seriously compares Skype to their wired phone from Bell Canada or other telephone companies. They are instead seen as complementary, and also complementary in some respects to mobile phones. The reason is that Skype is really good at doing some important things that the humble and oh-so-reliable telephone cannot:

• Cheap: I can make long international calls (which I do for business) at zero cost.
• Features: Conference calls are a breeze to set up and manage, I can check on a person's availability at either a glance or with a quick text message, the audio quality is good, there's video and more features that I are nice to have even if I don't use them much or at all.
• Convenience: It works like a good-quality speakerphone or I can attach a headset to the PC for even better quality.

It works so well that I even use it for local business calls, despite the flat rate on the home phone. But what is more pertinent is that when Skype fails I still have several alternatives to reach people, including both real time communications and non-real time messaging. That is, I don't depend on Skype the way we once were utterly dependent on a monopoly-operated telephone system. In the case of the iPhone, I doubt that anyone this week couldn't similarly find several devices that would wake them up.

Conversely, Skype and its ilk are not about to render the phone company obsolete, or at least not so fast that the carrier industry can't adapt. They did it with wireless and the internet, and they could do it again, despite the distraction of cord cutters. However this is not to say that there is not a real threat that causes concern in some quarters.

Experts say companies like Skype operate in a legal grey area and that the notice is a warning to them not to grow too big or to challenge the state-owned telecoms...“This notice is actually protecting the telecoms' traditional voice services,” said Mr. Kan, [a director of China VoIP & Digital Telecom Inc., a company that has offered Internet phone services] who is also a professor at the Beijing University of Post and Telecommunications.

This is also why Skype and Google Voice had to scale back their mobile phone apps on carrier-locked smart phones, achieving an uneasy and unstable compromise between keeping users connected and protecting (to a degree) carrier voice revenue. It is unstable because the marginal cost of voice minutes is very low, and getting lower, and more people are realizing that simple truth.

Ofcom also found that cost, more than anything, determined how long people talk for and whether they prefer a landline or a mobile call.
...
Less talking does not necessarily mean less phone use. According to Nielsen the number of paid texts per subscriber has grown rapidly over the same period, recently surpassing 700 per month.
...
Skype, the internet phone service, is growing rapidly. In the first half of 2010 users racked up 95 billion minutes in voice and video calls.

For the present, Skype will continue to grow, as too will Apple and Google, among others. They will do so despite episodic glitches and outages since their perceived value is high. The carriers will continue to generate profits for their shareholders, but without the same enormous growth or even any growth at all. Of course the landscape could change sooner rather than later since it is a market ripe for massive disruption by the persistent march of technology.

On Reading Orders by Telecommunications Regulators

Going by this site's web statistics, the most popular of my posts are those regarding CRTC rulings and orders. I suspect this is because of the relatively scarcity of in-depth discussion (from what I've found) on the web of actions of the Canadian telecommunications regulator. This is in contrast to the FCC in the US where every slightest movement on their part is analyzed -- whether rigourously or superficially -- by hordes of bloggers and more-mainstream media outlets. I wish there were more attention paid to the CRTC.

For the public, or at least those that pay more than the most casual and passive attention to regulator actions, there is a dilemma: to get beyond superficial, and sometimes misleading, reporting it is necessary to go the source and read the orders and rules that they publish. It seems that not many do this, other than the companies directly subject to those orders and rules. These companies -- typically telecommunications carriers and service providers, but sometimes their major suppliers and customers -- not only read what the regulators publish but are deeply involved in the process and have many specialists and contracters that understand the process and the network of people to influence to achieve their business objectives.

One big reason that few among the public get involved or even just read the material is that it is time-consuming. It is somewhat surprising that there is more of this avoidance in Canada since, in comparison to FCC orders, those by the CRTC are not difficult to digest. The reason is that the CRTC has more latitude than the FCC to both set policy and establish regulations. The US telecommunications regulation process is more politicized and by dint of the governing statutes there are many avenues to take the FCC to court to dispute the legality of their regulations; Congress writes telecom laws that go into an unusual level of technical detail regarding what the FCC is required and permitted to do. This is why the FCC is replete with staff lawyers and far more lawyers are employed by the industry.

A good case in point is the recent FCC Report and Order on network neutrality: FCC 10-201. This is a big document weighing in at 194 pages. It is far easier for the public to wait and read the summaries and analyses in the media and on the web. Unfortunately a number of these analyses are less than ideal since the writer may have an agenda, whether to influence the public or to stir up controversy in an effort to gain readers (aka link bait) and without some knowledge it can be difficult to know whom to trust. (Whether I am trustworthy on that score is moot since, because I see little in the Report and Order I want to comment on, I will not be providing any analysis of it.)

Beyond the mere page count, the core content of the FCC document where staff analyzes the issues and assessing the balance between their objectives, the law and the positions of intervening parties, is full of detailed legal references and written in a manner that is meant to withstand the gauntlet of the justice system. On the positive side, the core content of the document is far less than those 194 pages. That is fairly typical of FCC Reports and Orders. Here's my page count of the various parts of the network neutrality document:

• Table of contents: 1 page
• Discussion and determinations (the core of the document): 83 pages
• Procedural matters: 2 pages
• Rules: 9 pages
• List of commenting parties: 16 pages
• More discussion: 22 pages
• Statements of Commissioners: 60 pages

So there you have it: 9 pages out of 194, or less than 5%, contain rules. This is dwarfed by the 60 pages of Commissioner statements, which are mostly from the Republican dissenters. Unless you are enthralled by the political angle of telecom regulations you will most likely not miss much by skipping these 60 pages. Even less enthralling are the 16 pages of lists of people and companies that participated in the process (such as it was in this instance).

In fact the really interesting stuff isn't actually the rules themselves but the main body of discussion regarding how the FCC reached its determinations. While this is still 83 pages, a very rough guess on my part is that close to 40% of that is footnotes. For the casual (!) reader it is fairly safe to skip those, which leaves about 50 pages of text. This is a less-daunting chore since we have managed to exclude almost 3/4 of the document. A deeper reading of the document, unfortunately, will require reading some of those footnotes, but only the ones that provide background and not those that are legalese that are intended to buttress the FCC's legal position. That isn't so bad.

Although it is possible clear the clutter to reduce the quantity of reading one must do, it does help to understand the unwritten rules of the regulatory and political games underlying the proceeding, and a bit of history regarding how these things tend to unfold. That is one advantage I have since, although years ago, I once participated in these types of US regulatory proceedings. Even so, my guess is that a careful and intelligent reader who is not prone to irrationally clinging to preconceived notions will get a lot more out of the network neutrality debate, or any other contentious regulatory issue, by going to the source and reading the material published by the regulator rather than relying on others; these others may have biases or filters of convenience that distort their reporting or analysis.

The downside is the modest time and effort required to read these documents. My experience tells me that the learning curve isn't steep, so after the first one or two it gets much easier -- there is even a sort of primer in the case of the network neutrality order in the form of a 5 page press release. If you care deeply about network neutrality, usage-based billing or one of the many other current issues being considered by US and Canadian telecom regulators, reading the core content of these publications can be time well spent.

Plausible Deniability in Telemarketing

By now I'm sure that everyone has heard about the fines levied by the CRTC for do-not-call registry violations by Bell Canada, Telus and various firms that they contracted. The only real surprise to me in this matter is that the CRTC took enforcement action of any significant degree.

Although the CRTC claims that these fines -- $1.3M in the case of Bell Canada -- will hurt these firms, it really does not. Not only are these amounts very small relative to their overall business, considering the degree and duration of these violations it is also quite possible they made a net revenue gain after paying the fines. The only company that may have been hurt badly is Xentel, which was fined $500,000 since it is a far smaller company.

The style of enforcement is interesting since it resembles the actions taken in the US by the FCC when they began enforcement of their DNC regulations. First, they targetted large companies, including carriers like AT&T, and also DBS (direct broadcast satellite) providers, and they timed and bundled enforcement actions to maximum media impact. This is an effective tactic to combat public unhappiness with ongoing DNC violations. Going after the biggest companies, especially those that are dominant in their sectors, also works well since there is always an undercurrent of distrust and dislike of these companies that we are often unable to avoiding giving our business. The CRTC might therefore have adopted their own tactics in hopes of achieving the same positive public relations impact.

There is also the simple fact that large companies, if only because of the size of their businesses, are going to show up in the list of top offenders.

...the wireless sector had the distinction of taking the top three spots with Rogers and Telus ranking second and third respectively. There were also hundreds of complaints against Canada's top financial institutions and retailers including RBC, CIBC, Scotiabank, TD Canada Trust, and Sears.

Regarding the companies themselves, it is not unusual for companies like Bell Canada and Telus to outsource what they would consider non-core functions. It allows them to maintain business flexibility by contracting services as needed without building up an in-house telemarketing operation -- including the bad optics of then laying them off.

It also has a further advantage of giving them plausible deniability when the CRTC comes knocking. This allows them to claim that the contracted companies were renegades that (plausibly) violated the DNC regulations without explicit direction from themselves.

On Monday, Bell said it had terminated contracts with two telemarketing companies and suspended “several others” as a result of the investigation. Like Telus, Bell pledged to stiffen guidelines for telemarketing practices.

The deniability is plausible, but I simply do not believe that they did not know of or contribute to the violations by the contracted companies. I am not implying that they gave their contractors explicit directions to ignore the DNC registry, only that I can easily imagine there was a bit of "nudge, nudge, wink, wink" going on in parallel with the more formal instructions. Consider these points:

• The duration of the violations.
• The reputation of some of these firms is not always the best. They are often known to be aggressive in their methods for their other customers, such as charities. They would also have known which numbers were most likely to get a positive response from their historical database, although I of course don't know if they used that data in their contracts with the telcos. I can only suspect the possibility.
• Many of the numbers from which the telemarketers won business for the telcos must have been on the DNC list, and telcos should have known it. I'll bet they were careful not to cross-check the two lists.
• Worse, many of those numbers must have also been on the companies' own opt-out lists of people that explicitly requested that they not be contacted. The CRTC mentioned this point, though not quite in the same context.

Although plausible deniability does not excuse Bell Canada and Telus from paying fines and making other restitution -- and I doubt that they would have ever thought it would -- it does help them smooth over the inevitable public outrage by (as shown above) promising to do better in their contracting practices in future. In other words, they take responsibility while also shifting the ultimate blame to others. I think it is more likely that they knew exactly what they were doing and set things up so they could offer the plausible deniability excuse when trouble struck. The script they're following looks too perfect to support their innocence. However this is only my speculation, not an accusation.

Lunar Eclipse and Overwrought Coincidences

Lunar eclipses are delightful to watch. I've witnessed the more awesome spectacle of a solar eclipse, but lunar eclipses win in the long run because they're more frequent, are visible to half the planet, last a long time and are pretty and safe for viewing.

This one is being aggressively promoted in the media as special because it coincides almost exactly with the solstice.  Since the advance of the lunar nodes (the azimuth of where the Moon crosses the ecliptic) is not in resonance with Earth's orbit around the sun, this particular coincidence is no more or less probable, or interesting, than an eclipse falling on any chosen calendar date. All this coincidence really tells us is that we can finally look forward to increasing hours of daylight and solar insolation (although the weather doesn't start warming up until February).

One coincidence that isn't a coincidence is that this eclipse occurs at a full moon. This "insight" comes from an interview with some new-agey sort of person that I heard on the radio. Well, duh! I suppose we can also add the, um, coincidence that we see the eclipse occuring at night. These facts are about as coincidental as a flipped coin that lands head's-up showing an impression of Her Royal Highness. It is also why this eclipse will not be visible from anywhere in Antarctica -- the explanation of which I'll leave as an easily-solved puzzle for the geometrically inclined.

Apart from the obvious things about lunar eclipses, there are a couple of items that are less widely considered. The first is that when we see a lunar eclipse, if someone is on the moon (anywhere on the hemisphere facing Earth) they will be simultaneously viewing a solar eclipse.

...the view from the moon during the eclipse, with the Earth in front of the sun, would be a spectacular red ring in the black sky.

It should be no surprise that the colour of the scattered sunlight from the Earth's atmosphere (from its visible circumference) is brownish-red (or copper) since that is the tint the moon takes on during the lunar eclipse. In similar fashion, the frequency of solar eclipses for Moon dwellers is the same as lunar eclipses for Earth dwellers. From the Moon, the apparent diameter of the Earth is quite a bit larger than the Moon appears from Earth and so is more likely to cover the sun.

However, there are no "terran" eclipses when the Earth is full (Moon between the Earth and sun) since the Moon's shadow never covers more than a small area on Earth's surface. That occurs when we on Earth see a solar eclipse.

The second interesting thing about lunar eclipses I want to mention refers back to an earlier post of mine that talked about why the full moon always passes high overhead during the winter months at higher latitudes, like here in Ottawa (also at high southern altitudes such as southern Chile); however that, too, is no coincidence. What this means is that the best lunar eclipses are those that occur around the winter solstice, just like the one this week, because the Moon will pass high overhead for optimal viewing.

Unfortunately this is also what I have always hated about lunar eclipses, because the best ones occur when you have to endure cold winter nights if you want to watch them properly. They're never quite so nice when seen through a window, which in any case will be difficult since in many houses the Moon will be so high as to be blocked by the eaves of the roof. In other words, to stay warm while watching this eclipse you'll probably have to deal with window-glass distortion and an uncomfortable viewing angle.

Despite having said all this, my plan (I am actually writing this the night before) is to stay warm and in bed and pass on the joy and the cold. Anticipation for this event by people here in Ottawa may be for naught in any case since it now looks as if clouds are going to spoil the event. Well, there's always the internet so I'm sure there will be lots of photos making the rounds on astronomy blogs Tuesday morning.

Central Banks vs. Public Debt

Imagine that there is a car in front of you that is suffering from a range of mechanical ills: wheels out of alignment; needs an oil change; transmission won't reliably shift into reverse; and so on. Someone then places a tool in your hand and tells you to get to work. You look down and what you see is that you're holding an impact wrench. It's a very powerful tool but wholly inappropriate for most of the work ahead of you. However, it's all you have so, good luck, and give it your best shot.

Central banks are often in a similar dilemma: the economy can suffer from a variety of ills due to many and complex causes and inter-relationships, yet they must attempt to get the economy back on track with pretty much one tool, that of monetary policy. They are often smart enough to do the best they can with the tools they have but without access to a wrench and other useful tools there is a limit to what they can realistically accomplish. Often they must resort to leveraging the grand stature of their institution by giving speeches and influencing those holding the proper tools -- industry, consumers and government -- to effect desired outcomes.

Consider this quote from Peter Foster's opinion piece in the Financial Post:

“Cheap money is not a long-term growth strategy,” warned Mr. Carney during a speech in Toronto on Monday. But where did this cheap money originate? Also, from what I can remember of economics 101, cheapness is a signal to purchasers to buy, and that includes buying money. People are acting entirely rationally. The only problem is that they are likely not aware that they may have been lured into a cul-de-sac by delusions of macro management.

And this one by Maxime Bernier, also in the Financial Post:

Mr. Carney offers us three “lines of defence” that are clearly an admission of impotence.

Here we have Bernier, a government MP and former cabinet minister, complaining about the BOC's impotence when it is the government which sets the BOC's powers. It is amusing that he then goes on to complain as follows, in effect the pot calling the kettle black. For his part, Foster blames Mark Carney for only having, and then using, the limited toolkit he's been provided with by the government (elsewhere in the piece, he also seems to be confused about the respective roles and powers of the BOC and the federal government).

It is the government, not the central bank, that has the better toolkit for repairing the economy. This starts with building confidence among the true economic players: citizens, both as consumers and business owners. They could also use their powers over taxation which can be used to more accurately target problem areas than is possible with the central bank's interest rate policies. For example, the government could lower corporate tax rates, which would have the affect of encouraging private sector investment and hiring similar to lower interest rates, but without simultaneously encouraging borrowing. That is, leave more capital in the hands of those entities that can give the economy the push it needs.

There have been attempts by the BOC and the government to blame the banks since they are the ones we go to for our borrowing needs. This is unfair: the banks lend money as a business proposition and make loan decisions based on risks associated with both the broader economy and the individual borrower. Ed Clark, CEO of TD Bank has quite rightly deflected the criticism right back at the government. The points he raises in this article are spot on in my opinion. If the government, for example, wants to rein in low-quality mortgage risk -- most commonly associated with the longest-terms with their lower monthly payments but high interest costs -- they should prohibit them.

Speaking of blame, we should also beware playing the blame game when it comes to the US Federal Reserve or the Bank of Canada. It is easy to point fingers and they are tempting targets. Yet they would have an impossible task if they are the only institution expected to right what everyone else has set wrong. They can ease interest rates lower to make it less expensive for consumers and businesses to spend and invest, but that policy can spark investment bubbles and inflation. Go the other way and, as happened so famously following the 1929 crash, and we can be pushed into a deep depression. Finding an optimal middle ground, if it even exists, is more than a little challenging for a central bank.

Even so, Mark Carney is not being entirely forthright regarding debt and, as I will come to, neither is the government. The Governor's warning goes something like this:

When rates do begin to rise again, Carney said, the repercussions may be fierce and have the potential to catch many with debt loads they can no longer afford.

This is true and, although there are words of agreement from Flaherty, there is no mention of the government's own debt problem. They tell us, as individuals and as business owners, to be careful not to take on debt that we cannot easily repay when interest rates rise once more, while at the same time the federal government is taking on over $50B of debt in the current fiscal year. That is not really government debt; that is public debt. On our behalf the government is borrowing money against the wealth and wealth-production capacity of the Canadian public. That debt, too, could easily become difficult to repay when interest rates rise.

There is a measure of hypocrisy when they fail to discuss government-incurred debt, debt which is also our debt and subject to the same risks. I do not mean to criticize the government having used this debt to smooth over the worst impacts of the economic air pocket we've just been through, just that they should not avoid lecturing themselves at the same time they lecture us. The lecture is a good one for both the private and the public sectors.

The thing is that Flaherty does intend to rein in spending, eventually, and so he has missed an excellent opportunity to lead by example and explain how both types of debt are due to public borrowing. Perhaps he is being cynical in an attempt to retain some flexibility to keep spending, and taking on more public debt, for a while longer.

The question is even more pertinent in the United States where Federal Reserve Chairman Bernanke is thinking of the extreme government debt policies he has been pushing, including financial sector bail-outs, which very much depend on keeping interest rates low at least until some of that debt can be extinguished. We had all better hope that he does a good job of juggling interest rates and debt policies since if he or the US government stumbles the Canadian economy will also suffer.

Cord Cutters: Small Numbers Matter

One of the more-recent terms being tossed about in the telecom trade press is that of cord cutters. It is being applied in particular to cable customers that terminate their cable service, including TV and broadband, in preference for some alternative. There are not many alternatives. For TV it is OTA (over the air) broadcast, satellite and, in a minority of cases, telco fibre such as Verizon FiOS.

The questions are whether the phenomenon is real and, if it is real, is it significant? To date the number of these cord cutters is deemed to be small since the quarter-to-quarter downward move is vanishingly small. Yet it is not this small drop that is the question, since it could be a statistical blip or a temporary impact of the recession, but rather that the growth has vanished. Growth matters since that is what investors want, generally preferring that (if the choice must be made) over flat but reliable dividends.

Cable TV has certainly reached market saturation years ago, so that it can only move higher as the population grows; it can also rise if service were to be extended to more rural areas, but this is unlikely to ever occur. In other words, it is the cable companies' business to lose, just as telephony has played the same role for the telephone companies. With growth in raw subscriber numbers stalled, cable growth must come from increased ARPU (average revenue per user). The required growth has at different times in the past been satisfied with incremental channel tiers, PPV (pay per view), broadband and telephony. PPV is under threat from the likes of Netflix streaming entertainment, telephony continues to grow a slow place, while fibre, DSL and especially wireless are increasingly meeting the needs of bandwidth-hungry consumers. It appears that this is one of Comcast's motivations in their current dispute with Level 3, even as it pushing to consummate the deal to purchase NBC Universal to gain control over the content their competitors need.

Unfortunately for them, simply raising rates, either directly or by usage-based billing, only makes competitive alternatives look more attractive. Although the alternatives are not many and not particularly cheaper, every upward tick in the price does drive a small percentage of subscribers to defect. This is an important signal for a couple of reasons. First, every dollar of revenue lost falls almost immediately to the bottom line -- profit -- since many of their costs are not elastic, or at least cannot be reduced quickly.

Second, and perhaps more importantly, demand can fall far more precipitously than it rises. That is, like an avalanche, one modest snowfall or a quick thaw can trigger a sudden dislocation of the snow cover. The cable companies are treating their customers like the proverbial frog in a pot of heating water, except that people are (usually) smarter than frogs and will jump out when the heat becomes uncomfortable. This is more likely to occur when the market, like theirs, is saturated. For a comparable situation you should read this nicely done analysis of RIM's woes.

To conclude, it is not the small number of cord cutters that matter but the trend and the increasing motivation of their customers to defect en masse. We can only know that this is truly occurring after the fact in a retrospective analysis. Nevertheless, whether we are cable company investors or customers it is a situation that could reward close attention over the coming year.