Canadian Lawyer InHouse

Aug/Sep 2011

Legal news and trends for Canadian in-house counsel and c-suite executives

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fuel or slinging it to the tops of moun- tains. That, he says, is where the issue of usage-based billing is important to his company. It's something NorthwesTel has been doing in one form or another since 2001, he says. "Someone's got to pay for the $40-million fibre," he says. "Usage- based billing has been one lever we have to continue that investment. I don't see a realistic way for it to go away." Indeed, he says, without it, rates could rise 30 to 50 per cent. Prince Rupert, B.C.-based CityWest Cable and Telephone Co. services north- western British Columbia. With its sole shareholder being the City of Prince Rupert, the business is a fully integrated IDENTIFY EMPLOYMENT AND PRIVACY ISSUES IN THE MODERN WORKPLACE NEW PUBLICATION THE LAW OF EMPLOYEE USE OF TECHNOLOGY HOWARD SIMKEVITZ AND AVNER LEVIN Find practical guidance when advising businesses on employment and privacy issues relating to technology use in the workplace. Get expert author commentary that references the legislation, case law and arbitrations to help you understand the legal issues. Establish effective workplace policies for using technology at work in union and non-union workplaces. This guide is a valuable reference for corporate counsel, human resources professionals and legal practitioners. The Law of Employee Use of Technology is a very practical resource and will: • Help you understand common technology issues from blogging and podcasting, to mobile devices and applications ORDER # 804520-60254 $80 Perfectbound book approx. 160 pages 978-0-88804-520-1 • Provide you with a clear overview of the law in the areas of privacy, surveillance, termination, labour arbitration and human rights • Assist your business clients in identifying risks in the workplace associated with the use of technology tools • Offer you assistance in developing technology policies and includes sample policies relating to email, Internet, blogging, social media and user-generated content AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. CANADA LAW BOOK® digital communications company. But, says CEO Bill Craig, smaller companies outside the large urban centres tend to be forgotten and have to "rely on the good graces of the giants" for their broadband wireless needs. He says CityWest wants to provide full service to its customers and be able to offer cellular reception outside the city's limits. Indeed, he says, the company has found itself having to go to CN to ask if it can get power from rail lines to power cell towers to use the frequencies it does have. So Craig suggests regulators need to be sensitive to the fact that local compa- nies should be given a share of the pie. "The problem is, the major guys have all the frequencies," he says. "There's no consideration given to the wastage and lack of utilization of frequencies," he says. "The minister has to sort all of this out. It's a Canadian challenge." To put it sim- ply, says Craig, "It's frustrating." He is, however, hopeful that the 700- MHz auction will be beneficial. The gov- ernment's strategy could be realized with more wireless available across the board. He says it could lead to people living healthier lives outside urban centres and possibly even decrease crime as a result. "In the Internet economy, you are where your laptop is," he says. "If we want the economy overall to be less polarized, that would be a great way to level it out." All agree, however, that the CRTC is worth retaining — albeit with a tweak here and there. Peirce says undergoing years of review of how the agency oper- ates is unneeded. "I think there is recog- nition that there's an important role for regulators," he says. Without them, he says, "monopolies win out. Regulation is important and pro-competition regula- tion is important." Shaw agrees. "They've recognized some unique differences [for the North]," he says. "The regulatory environment is required." And, Peirce adds, "It's a truly sub- stantive job and you're unlikely to win friends on every decision you make. As patronage jobs go, you wouldn't call it a plum." IH INHOUSE AUGUST 2011 • ntitled-4 1 6/17/11 12:32:59 PM 31

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