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The CRTC applies net neutrality rules to wireless connections

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February 2, 2015

A recent decision by the CRTC (Canadian Radio-Television and Telecommunications Commission) could have some significant implications after it applied net neutrality rules to some wireless connections.

The decision wasn't expected by most observers, although some in the industry saw it coming.

In its ruling, BCE, Canada's largest telephone company was ordered to stop offering a mobile app that for $5 per month allowed users to watch up to ten hours of video from television channels owned or licensed by the company on their cell phones without it counting against a data cap.

If the subscriber were to watch videos from a rival app, the deal did not apply and the data would count against their plan's download limit.

That situation prompted Canadian student Ben Klass to complain to the CRTC, and it upheld his complaint. Crucially, however, the federal watchdog dismissed gripes put forward by Bell Canada that the video watched was a broadcast service and so telecom regulation was not applicable.

Bell also argued that the service was a good thing for Canadians and should not be prevented.

The CRTC disagreed on both counts, and it used 'net neutrality speak' to argue that such a service wouldn't be in the best interest of most Canadians.

The CRTC's decision could end up inhibiting the introduction and growth of other mobile TV services accessed over the Internet, which reduces innovation and consumer choice.

More importantly, it could also tore down a somewhat arbitrary barrier between different types of data and the rules that apply to each.

In doing so, the CRTC recognized the modern reality that people access the same content from the same providers over different channels without differentiating between them.

"From a subscriber’s perspective, the mobile TV services are accessed and delivered under conditions that are substantially similar to those of other Internet-originated telecommunications services," the decision noted, effectively extending net neutrality principles.

CRTC chairman Jean-Pierre Blais was well aware of the importance of the decision, telling reporters-- "At its core, this decision isn’t so much about Bell or Videotron. It's about all of us and our ability to access content equally and fairly, in an open market that favors innovation and choice. The CRTC always wants to ensure - and this decision supports this goal – that Canadians have fair and reasonable access to content."

Bell Canada told CBC news that it was "shocked" by the ruling. The decision will have no impact on the showdown expected at the end of the month in Washington DC when the FCC decides whether to introduce new net neutrality rules.

That decision could also still impact Canadians despite the ruling today since many internet service providers are still based in the United States and so would be subject to U.S. laws.

In other mobile news

According to the most recent numbers from market research firm Strategy Analytics, the battle appears to be levelling off for the number one spot in the fourth quarter of 2014, with Apple's fortunes on the rise, while Samsung is heading in the opposite direction.

To be sure, Apple's larger-screen iPhones seem to have gotten the company back in the game in a big way, and the trend appears to be strenghtening. So it's like 'neck and neck' between Apple and Samsung in the race for smartphone supremacy. And to be sure, Apple has all the momentum on its side of the ledger.

The iPhone maker saw its share of the global smartphone market grow to 20 percent in the fourth quarter of 2014, up from 18 percent in 2013.

At the same time, its South Korean rival's fortunes went the other way, dropping the company to that same 20 percent number from 30 percent for the same period a year ago.

Both companies saw fourth-quarter shipments of 74.5 million smartphones, Strategy Analytics said, and Samsung remained No. 1 in sales worldwide when considering all of 2014. But now it all appears to be shifting in a big way.

Samsung has been struggling a lot recently to compete against Apple in the high-end smartphone market and also against newcomers such as Xiaomi at the low end.

In particular, Apple has become a larger threat with its bigger screen devices, the 4.7-inch iPhone 6 and the 5.5-inch iPhone 6 Plus.

Simply wanting a larger display is no longer a reason to buy Samsung's devices, and its smartphones can't reach the low prices of those from Chinese and Indian vendors either.

That very last point is important because markets like China are increasingly where the action is these days. Strategy Analytics said global smartphone shipments grew by about 31.2 percent, to a record of 380.6 million units, in the fourth quarter of 2014 from the year-ago period, with 1.3 billion smartphones shipping globally in 2014 and "very strong growth in emerging markets such as China, India and even Africa."

And Apple doesn't seem to be having trouble in those areas either. During the company's earnings call Tuesday, CEO Tim Cook said that iPhone sales in emerging markets such as Brazil and Mainland China were "absolutely stunning," more than doubling year-over-year, which is three times to four times what those markets had been doing, according to market research firm IDC.

It looks like very soon, Apple's top iPhone market may no longer be the United States by rather China instead.

Set to announce its earnings for the 4th quarter this week tomorrow, Apple could reveal that it sold more iPhones in China than in the United States for the first time ever.

Analysts at UBS Securities predict that China captured about 36.2 percent of all iPhone shipments last quarter, compared with 24 percent in the U.S.

Understandably, that's a very big change from the same period last year, when the U.S. held about 29 percent of iPhone shipments, and China close to 22.1 percent.

To be sure, Creative Strategies analyst Ben Bajarin forecasts that Apple sold 2 million more iPhones in China than it did in North America.

Analysts believe the changeover was initially triggered by Apple's deal with China Mobile in December 2013 and then boosted by the release of the iPhone 6 across all three of China's major wireless carriers in October 2014.

In 2011, China became the world's largest smartphone market and now is home to an incredible 519 million+ smartphone users.

Apple has been striving the past few years to gain more market share in the China by securing deals with its major carriers.

An agreement with the nation's largest wireless carrier, China Mobile, proved challenging but was key as it provides access to more than 800 million subscribers.

But while all of this is happening, Apple faces challenges in China getting regulatory approval for its latest iPhones.

Though the launch of the iPhone 6 and the iPhone 6 Plus was delayed as a result, Apple still saw a jump in sales among Chinese mobile phone consumers.

Phone sales in China grew more than 45 percent annually in November, triggering a record high in monthly sales volumes, according to Counterpoint Research.

The market research firm attributed the gain to "rich urban Chinese consumers" attracted to the new iPhone's form factor.

Apple's twelve percent market share in China pushed it into third place behind dominant local players Xiaomi and Lenovo.

The quarter is a key one for Apple as it marks the first full quarter in which Apple got to play in the big-screen leagues.

Launched in September 2014, the 4.7-inch iPhone 6 and the 5.5-inch iPhone 6 Plus were Apple's responses to a market in which consumers have increasingly been drawn to large-screened phones.

The lack of a big-screen smartphone is one reason Apple had been losing market share and customers to Android vendors such as Samsung, which have long been offering phones in various screen sizes.

Globally, Apple is now expected to have sold around 65 million iPhones during the final quarter of last year, according to the crystal ball of Piper Jaffray analyst Gene Munster.

In an investor's report released late Sunday, Munster said he has upped his iPhone sales forecast to 65 million from 61 million previously, based on supply of the iPhone 6 and iPhone 6 Plus catching up to demand before the end of the quarter.

The analyst did note that investors are looking for sales in the range of 65 million to 69 million iPhones for the fourth quarter of calendar 2014, which was Apple's first fiscal quarter of 2015.

Other market analysts and reports are also predicting a stellar quarter for Apple thanks to the new iPhones.

Morgan Stanley analyst Katy Huberty is eyeing iPhone sales of 69 million. KGI analyst Ming-Chi Kuo sees iPhone sales surging as high as 73 million, according to AppleInsider, with the iPhone 6 accounting for more than 42 million in unit sales, and the iPhone 6 Plus a little more than 16 million.

Whatever the actual tally, last quarter's iPhone sales will most certainly outshine the record 51 million iPhones sold in the final quarter of 2013.

Apple isn't as likely to be as happy with last quarter's iPad sales, according to Munster. The analyst has reduced his sales forecast for Apple's tablet to 22 million from 25 million.

Munster didn't give any reason for the potential drop in his forecast but noted that Wall Street is anticipating iPad sales of around 22.5 million.

Overall unit sales of 22 million would represent a 15 percent drop from the same quarter last year.

To be sure, tablet sales have been slowing due to a variety of factors -- including more people buying phablet-sized smartphones, such as the iPhone 6 Plus, as an alternative to tablets.

Finally, the Apple iWatch is expected to hit the market sometime in March, according to Munster. The analyst is looking for 8 million in sales for the watch's first full year based on an average selling price of $500.

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But he believes that it could take more than a year for the iWatch to truly take off among consumers.

"While we continue to believe that interest from consumers is still a bit tepid given our survey work, we believe that as we get closer to the launch of the watch and have increasing media attention, it will increase both consumer and investor optimism around the worth of the watch."

In other mobile news

Apple said this morning that it has set new iPhone sales records in Japan, South Korea and China.

In Japan, Apple won a little over fifty-one percent of all smartphone sales in November. Japan has traditionally been a strong region for Apple, but now it's becoming increasingly difficult for competition to challenge Apple's dominance in near to mid-term.

The growing audience of iPhone users in Japan may also benefit the adoption of the upcoming Apple Watch.

To be sure, as consumers took a liking to big-screened phones, Apple was late to the party compared with its Android rivals.

Acknowledging the demand, Apple finally released its 4.7-inch iPhone 6 and its 5.5-inch iPhone 6 Plus last September in hopes of winning back customers and market share.

That strategy seems to be paying off, not just in the United States and other countries but in South Korea as well, where its main rival Samsung has dominated for so long.

In Samsung's home base, Apple accounted for about 33.7 percent of all smartphones sales in November.

"No other foreign brand has gone beyond the 20 percent market share point in the history of South Korea's smartphone industry," Counterpoint Korean research director Tom Kang said in a statement.

"It has always been dominated by the global smartphone leader, Samsung. But iPhone 6 and 6 Plus have made a difference here, denting the competition's phablet sales. Korea being the world's highest penetrated phablet market (handsets with 5 inches above screens) earnestly needed a large screen iPhone for quite a time and now this thirst has been quenched."

Apple's share of sales in Korea could have been higher had the company's supply been able to reach demand.

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Source: The CRTC.

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