If the court follows the letter of the law and not the spirit of the law, there's something wrong. The spirit of the law has to do with protecting the Canadian Consumer. The spirit of the law has less to do with protecting the existing old boys' market share.
Taken from the article: "Globalive, which is backed financially by Egyptian communications giant Orascom Telecom, was denied a licence in 2009 to operate by
the federal telecommunications regulator(CRTC) on the grounds that it did not meet Canadian ownership requirements for phone companies. "
I believe the Canadian citizens don't benefit from the increased competition when CRTC puts sticks in Globalive/Wind Mobile's wheels.
Again taken from the article: "Weeks later, the Harper government vetoed that decision, permitting Globalive to launch under the Wind Mobile brand. In about 14 months of operation, it has acquired more than 200,000 customers. "
I believe the Harper government did the right thing when they gave Globalive/Wind Mobile the green light to go ahead. Hats off.
I believe the Federal Court’s move to overturn this decision recently seems to confirm the fact that CRTC and the Federal Court don't represent the Canadian Citizens interest at heart. I also believe the CRTC and the Federal Court are being overtly protective and keeping the lion's share of the telco/isp/mobile market for the existing old boys' club.
I also feel the CRTC should be ashamed with the recent performance record in failing to protect Canadian consumers against rising INTERNET/TELCO costs. I'm disappointed with the Federal Court siding with the CRTC decisions. Perhaps others might agree with me that it would be in Canada's best interests to dissolve the CRTC considering all the recent data with respect to usage-based billing and thwarting off foreign competitors. Both of these actions certainly don't prevent telco/isp/mobile fees from rising through the roof.
China's consumers pay 80RMB(13$CAN)/month for GB 3G mobile 2GB(Usage-Based Billing) usage. 13$CAN may seem inexpensive it but is because you reach that cap easily before the end of one week if you use google maps with satellite view turned on. It's still very expensive. This proves UBB doesn't work elsewhere.
China's consumers pay 166.67RMB(27.78$CA)/month for domestic internet ADSL unlimited usage 6Mbps download/1Mbps upload. It's excellent service and the price is much more competitive than in Canada. The average Chinese netizen is increasingly interested in QQ, baidu, sina, youku, blogs, p2p, and net games. All of which would be grounded to a halt if it weren't for China's wise flatrate/uncapped usage internet billing policy. It works well for everyone in general.
In Canada, we need more competition. In Canada, we need lower uncapped flatrate telco/internet/mobile rates not only to keep the Canadian tech community strong, but also to encourage more worldwide collaborative synergy, world interdependence, and ultimately world peace. Recent throttling/cutting of internet across borders certainly doesn't help us to get there either.