Rogers Communications Inc. has launched legal action against BCE Inc.’s Bell Canada, the latest twist in a battle over the relative speed, size and reliability of their Canadian wireless networks.
Rogers filed a claim in B.C. Supreme Court on Tuesday in an attempt to stop Bell from claiming in its advertising that it has the “largest, fastest and most reliable” network in Canada. Rogers says the claim is false and misleading.
In the claim, Rogers said Bell cannot promote its network as being the largest, because it is shared with Telus Corp., and that data suggesting Bell is the most reliable and fastest is misleading because it was compiled before the network launched last month.
“Consumers need to know that Bell has no valid support to claim faster speed and more reliability on a network that has virtually no customers and no proven track record on this new network,” said Odette Coleman, Rogers director of communications. “Bell is falsely misleading customers about the size, the speed and the reliability of its network.”
Meanwhile, Rogers is facing a legal challenge of its own. Telus has won a court order that will force Rogers to remove any advertising that claims it has Canada’s most reliable wireless network. Rogers said it is appealing that ruling.
The court battle between Canada’s three national wireless companies comes as competition intensifies and they prepare to fend off a new wave of rivals expected to launch networks next year after buying up wireless spectrum in a federal auction last spring.
Rogers has been ordered to remove all advertisements that claim it has Canada’s most reliable wireless network. It has already removed such wording from its website and faces a Thursday deadline for the rest.
But Coleman said Tuesday that: “We’re going to keep fighting this vigorously, we’re going to defend our claim.”
Rogers is due back in court today seeking to appeal the order.
Part of Rogers’ defence, which failed to persuade Justice Christopher Grauer, was that there is a disclaimer on some ads that says “most reliable network refers to call clarity and dropped calls (voice)… as measured within Rogers HPSA footprint and comparing with competitors’ voice and data 1xEVDO networks.”
But Grauer said in his Nov. 24 ruling that most consumers would not understand references to “HPSA footprints” and “EVDO networks” and therefore the ads give the general impression that Rogers is the most reliable “period.”
Bell’s ads also contain a footnote stating its claims are based on September 2009 analysis, which tested the average download speeds, dropped calls and call clarity in large urban centres, comparing the shared Bell network to Rogers.
