CA – CLASS ACTION FOR WIRELESS 911 EMERGENCY CHARGES
A class action proceeding was initiated against Rogers, a wireless provider, for allegedly charging excess fees to wireless customers for 911 emergency services.   The representative plaintiff, a resident of Toronto, claims that the fees charged by Rogers are higher than those required by the Canada Radio-television and Telecommunications Commission (CRTC). The suit alleges that the CRTC requires only a fraction of the monthly 911 fees which are usually charged to subscribers to pay for the dispatch of police, fire and ambulance services. Rogers charges its customers 50 cents for 911 service. Notably, the 911 service charge levied by certain other providers is higher; Bell and TELUS both charge 75 cents. The wireless providers argue the extra money is needed to cover costs associated with the service that are not included in the regulator's calculations, including airtime required to offer free 911 calls, operator assistance in areas where 911 call-centre services are unavailable and so-called "enhanced" 911 services that help call centre staff locate the nearest cell-phone tower to a distressed caller. The CRTC takes the position that it is up to individual operators to justify higher 911 fees to their customers. See: Canadian Press.  <more>  Contact: Theo Ling Alert Date: 8/25/2008

CN – PLAINTIFF LOSES CASE OVER ONLINE PRODUCT RANKING
The Tianhe District People’s Court in Guangzhou has found against a plaintiff who sued a website over its system of applying a monthly ranking to electrical products.    The plaintiff took action after its products were ranked 10^th by the defendant and claimed damages of RMB 100,000 (US$14,663) for loss of reputation.  The Court, however, found that the evidence provided by both plaintiff and defendant indicated that the plaintiff’s ranking varied, that there was no intention to insult or discredit the plaintiff, and that there was no negligence.  In addition the plaintiff failed to provide any evidence showing that the ranking damaged its image.  See news.ccidnet.com.   <more>  Contact: Nancy Leigh Alert Date: 8/25/2008

DE – DRAFT ON MARKET DEFINITION AND MARKET ANALYSIS
The Federal Network Agency published, in its Official Gazette, the draft market definition and market analysis relating to termination of calls into several mobile networks (Market 7, formerly Market 16, of the European Commission's recommendation on telecommunications markets).   Interested parties are invited to comment on the draft within one month; legal opinions are to be sent to the following email address: 116-postfach@bnetza.de.  <more>  Contact: Joachim Scherer, Ulrich Ellinghaus Alert Date: 8/25/2008

NZ – PRODUCT STEWARDSHIP FOR IT HARDWARE
The computer industry is reported as having difficulty reaching agreement on the establishment of a recycling scheme for computer equipment.   Some large multinationals are said to prefer meeting the cost of recycling their own equipment, along with a fair share of any "orphan" equipment dropped off at collection points, with smaller local assemblers to be levied upfront at the point of manufacture.  Locally owned computer assemblers are said to be in favour of an advance level but only if equal and fair.  The concern being that they would not be able to compete if they were to pay an upfront levy while major brands were only required to pay as waste is collected.  Under the Waste Minimisation Bill, which could be passed by Parliament before the end of this term, the Ministry for the Environment would be able to force manufacturers to take part in product stewardship schemes, or to impose its own schemes.  See Dominion Post  <more>  Contact: Karen Ngan Alert Date: 8/25/2008

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