THE COMPETITION TRIBUNAL
CT-2022-002
IN THE MATTER OF the Competition Act, R.S.C. 1985, c. C-34; AND IN THE MATTER OF the proposed acquisition by Rogers Communications Inc. of Shaw Communications Inc.;
AND IN THE MATTER OF an application by the Commissioner of Competition for one or more orders pursuant to section 92 of the Competition Act.
B E T W E E N :
COMMISSIONER OF COMPETITION
Applicant
- and -
ROGERS COMMUNICATIONS INC. AND SHAW COMMUNICATIONS INC.
- and - ATTORNEY GENERAL OF ALBERTA AND VIDEOTRON LTD.
Respondents
Intervenors
WITNESS STATEMENT OF MARK PHANEUF
1. My name is Mark Phaneuf. I live in Calgary, Alberta.
2. I make this Witness Statement in connection with the Application by the Commissioner of Competition (the “Commissioner”) against Rogers Communications Inc. (“Rogers”) and Shaw Communications Inc. (“Shaw”).
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3. On March 15, 2021, I submitted feedback on the proposed transaction between Rogers and Shaw (the “Proposed Transaction”) through the Competition Bureau’s website.
4. I am currently a subscriber to Shaw for personal wireless, wireline, internet, and television services.
5. I have been a Shaw internet, television, and wireline telephone customer since November, 2018 when I moved to Calgary, Alberta. I have been a Shaw wireless services customer since July, 2020.
6. Prior to switching to Shaw for wireless services, I was a Bell Canada (“Bell”) customer. I started with Bell in Newfoundland in approximately January, 2017 and remained a Bell wireless customer until July, 2020.
7. I stayed with Bell when I moved to Calgary, Alberta in November 2018. My wife and I paid approximately $175 per month for our mobile services with Bell prior to switching to Shaw. Our services with Bell included two mobile phone lines: one for my wife, and one for myself.
8. My wife and I switched from Bell to Shaw Mobile in July, 2020 when Shaw offered to add basic wireless services to my existing plan for $0 per month as part of a bundle with my Shaw internet, television, and wireline services. A copy of my most recent invoice with Shaw is attached to this witness statement as Exhibit “A”.
9. The services included in the $0 per month mobile phone plan I have with Shaw Mobile include unlimited Canada-wide calling, unlimited global texting, as well as an option to purchase data “by the gigabyte”, at a cost of $10 per gigabyte, which rolls over month to month for a maximum of 3 months.
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10. As a Shaw Mobile customer, I purchased 2 new phones in March, 2021 to be paid over 2 years with monthly payments of around $25 each. These monthly device fees terminate in March, 2023 when we finish paying off the phones.
11. Since my wife and I switched to Shaw Mobile, I typically use 2 gigabytes of data per month. My wife typically uses 1 gigabyte of data per month. Our monthly cost for data averages around $20 to $30 per month.
12. I switched from Bell to Shaw for the cost-savings. By switching my wireless services to Shaw, I have reduced my monthly wireless bill from approximately $175 per month to approximately $20 to $30 per month (i.e. $20 to $30 every month for 2-3 gigabytes of data along with $0 for the wireless services).
13. I also switched my wireless services to Shaw because I had good customer service experiences with the provider in the past.
14. I relocate frequently across Canada for work (i.e. Ontario, Alberta and Newfoundland) so I have shopped around a lot between providers (i.e. Bell, Rogers, Telus, Cogeco). In particular, I have checked prices online on each carrier’s website, as well as at retail outlets.
15. In 2020, prior to switching to Shaw Mobile for wireless services, Shaw’s bundled deal caught my attention. They had a very different service offering and price point than the other major wireless service providers (i.e., Rogers, Bell and Telus). I had not seen any other wireless service provider offer a $0 wireless plan with unlimited talk and text.
16. Shaw Mobile offers me a unique plan at a lower price point compared to the other major carriers without compromising too much in terms of coverage or service. I am concerned that if the Proposed Transaction is completed, the merged company may no longer offer me the same bundled deal that Shaw currently offers and I may lose the cost savings that I currently enjoy with Shaw.
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Signed, this day of September, 2022
DocuSigned by: IMfk PUN Of 9B 32A592B5494 9 B . .. Mark Phaneuf
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Mark Phaneuf
PUBLIC
Account No. Invoice No. Billing Period Date Issued
5 Shaw)Mobile
5013015647 Aug 05 - Sep 04 Sep 05, 2022
PREVIOUS BALANCE CURRENT CHARGES AMOUNT DUE DUE DATE $0.00 + $94.50 = $94.50 Sep 18, 2022 This is a withdrawal notice only. Please do not pay. You will be charged for the amount due on the next payment date.
Invoice Summary
CURRENT CHARGES By The Gig 4G LTE Monthly MyTab Charge 2GB Shaw Nationwide Rollover Data Pass
By The Gig 4G LTE Monthly MyTab Charge 2GB Shaw Nationwide Rollover Data Pass
(Sep 05 to Oct 04) Sep 05 Aug 17
(Sep 05 to Oct 04) Sep 05 Aug 15
TOTAL CURRENT CHARGES Current Charges Sub-total Alberta 911 Levy Alberta 911 Levy GST 5% 822527412
$0.00 $25.00 $20.00
$0.00 $25.00 $20.00
$90.00 $1.90 ($1.90) $4.50
$45.00
$45.00
$94.50
Thank you for choosing Shaw Mobile.
My Shaw Mobile
Manage your services from anywhere with My Shaw Mobile. Visit my.shawmobile.ca to monitor usage, update your personal information, manage add-ons, make payments and more.
Page 1 of 10
Your Account Summary
Your Previous Invoice Previous Balance
Previous Amount Due Payment Received
PUBLIC
$73.50 $73.50
$0.00
6 Shaw)Mobile
Payment received after A u g 3 1 , 2 0 2 2 may not be reflected on this invoice
AMOUNT DUE Total
Current Invoice Your Previous Balance
TOTAL MyTab BALANCE
$94.50 $0.00
$300.00
$94.50
MyTab -
Device Name MyTab Start Date Initial MyTab Balance Total MyTab Payments/Deductions To-date Months remaining until MyTab end date Remaining MyTab Balance
Google Pixel 5 - Just Blac Mar 19, 2021 $175.00 ($25.00) 6 $150.00
MyTab -
Device Name MyTab Start Date Initial MyTab Balance Total MyTab Payments/Deductions To-date Months remaining until MyTab end date Remaining MyTab Balance
iPhone 11 64GB (PRODUCT)RE Mar 19, 2021 $175.00 ($25.00) 6 $150.00
Page 2 of 10
Your Account Summary
Mark Phaneuf
PUBLIC
Account No. Invoice No. Billing Period Date Issued
7 Shaw)Mobile
5013015647 Aug 05 - Sep 04 Sep 05, 2022
- USAGE SUMMARY
Usage covered by your plan - By The Gig 4G LTE
Services Included Nationwide - Data Nationwide - Texting Data International texting Local calling Picture messaging Texting
Total
Units MB Text MB Text Min Message Text
Used 511.180 9 1,042.275 24 2 21 295
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
Premium services usage and charges - these charges are included in your current total
Service SMS Special Voice Special
Units Text Min
Total
Used 2 4
Charge $0.00 $0.00
Source
Credit
Total $0.00 $0.00
$0.00
Page 3 of 10
Your Account Summary
Mark Phaneuf
PUBLIC
Account No. Invoice No. Billing Period Date Issued
8 Shaw)Mobile
5013015647 Aug 05 - Sep 04 Sep 05, 2022
- USAGE SUMMARY
Usage covered by your plan - By The Gig 4G LTE
Services Included Nationwide - Data Nationwide - Texting Data International texting Local calling Picture messaging Texting
Total
Units MB Text MB Text Min Message Text
Used 599.118 18 1,207.847 32 13 34 574
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
Premium services usage and charges - these charges are included in your current total
Service SMS Special Voice Special
Units Text Min
Total
Used 7 10
Charge $0.00 $0.00
Source
Credit
Total $0.00 $0.00
$0.00
Page 4 of 10
Your Account Summary
Mark Phaneuf
PUBLIC
Account No. Invoice No. Billing Period Date Issued
9 Shaw)Mobile
5013015647 Aug 05 - Sep 04 Sep 05, 2022
- USAGE DETAILS
Shaw - Data
Data Date
Aug 05 Aug 06 Aug 07 Aug 08 Aug 09 Aug 10 Aug 11 Aug 16 Aug 17 Aug 18 Aug 19 Aug 20 Aug 21 Aug 22 Aug 23 Aug 24 Aug 25 Aug 26 Aug 27 Aug 28 Aug 29 Aug 30 Aug 31 Sep 01 Sep 02 Sep 03 Sep 04
Nationwide & Roaming
Usage
45.200 MB 3.813 MB 114.531 MB 63.252 MB 15.415 MB 94.697 MB 13.008 MB 2.280 MB 18.359 MB 4.150 MB 50.288 MB 22.266 MB 5.903 MB 9.648 MB 5.474 MB 54.922 MB 15.356 MB 11.152 MB 41.235 MB 0.063 MB 41.494 MB 68.804 MB 27.891 MB 72.632 MB 191.396 MB 0.078 MB 48.965 MB
Charge
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Source
Credit
$0.00
Total
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
Nationwide & Roaming charges are incurred when using your device outside of the Shaw network in Canada or in an international destination. Visit shawmobile.ca/roaming for more information.For the latest information about the Shaw network and our coverage, visit shawmobile.ca/coverage.
Nationwide - Texting
Date
Aug 08 Aug 09 Aug 09 Aug 13 Aug 16 Aug 22 Aug 24
Time
12:46 PM 10:56 AM 10:58 AM 02:58 PM 11:44 AM 06:19 PM 04:23 PM
Type
Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS
Network
Charge
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Source
Credit
Total
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 5 of 10
Your Account Summary
PUBLIC
10 Shaw)Mobile
Nationwide & Roaming
Nationwide - Texting
Date
Aug 29 Aug 29
Time
04:12 PM 04:13 PM
Type
Outgoing SMS Outgoing SMS
Network
Charge
$0.00 $0.00
Source
Credit
Total
$0.00 $0.00
Page 6 of 10
Your Account Summary
Mark Phaneuf
PUBLIC
Account No. Invoice No. Billing Period Date Issued
11 Shaw)Mobile
5013015647 Aug 05 - Sep 04 Sep 05, 2022
- USAGE DETAILS
Shaw - Data
Data Date
Aug 04 Aug 05 Aug 06 Aug 07 Aug 08 Aug 09 Aug 10 Aug 11 Aug 16 Aug 17 Aug 18 Aug 19 Aug 20 Aug 21 Aug 22 Aug 23 Aug 24 Aug 25 Aug 26 Aug 27 Aug 28 Aug 29 Aug 30 Aug 31 Sep 01 Sep 02 Sep 03 Sep 04
Nationwide & Roaming
Usage
68.979 MB 0.586 MB 109.956 MB 0.225 MB 130.264 MB 30.225 MB 0.850 MB 0.142 MB 12.788 MB 34.746 MB 27.554 MB 3.047 MB 37.388 MB 17.900 MB 40.347 MB 164.277 MB 136.021 MB 110.288 MB 33.950 MB 1.577 MB 0.112 MB 9.360 MB 178.511 MB 5.010 MB 34.214 MB 16.709 MB 2.813 MB 0.010 MB
Charge
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Source
Credit
$0.00
Total
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$0.00
Nationwide & Roaming charges are incurred when using your device outside of the Shaw network in Canada or in an international destination. Visit shawmobile.ca/roaming for more information.For the latest information about the Shaw network and our coverage, visit shawmobile.ca/coverage.
Nationwide - Texting
Date
Aug 16 Aug 16 Aug 29 Aug 29 Aug 29 Aug 29
Time
11:42 AM 11:45 AM 04:05 PM 04:05 PM 04:12 PM 04:12 PM
Type
Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS
Network
Charge
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Source
Credit
Total
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 7 of 10
Your Account Summary
PUBLIC
12 Shaw)Mobile
Nationwide & Roaming
Nationwide - Texting
Date
Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29 Aug 29
Time
04:13 PM 04:42 PM 04:42 PM 04:43 PM 05:12 PM 05:29 PM 05:29 PM 05:39 PM 06:55 PM 06:56 PM 06:57 PM 09:09 PM
Type
Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS Outgoing SMS
Network
Charge
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Source
Credit
Total
$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Page 8 of 10
Your Account Summary
PUBLIC
13 Shaw)Mobile
Details of your mobile data, messaging and voice usage can be found online by visiting my.shawmobile.ca.
How To Pay Your Invoice: Set up Auto Payment Visit my.shawmobile.ca to set up Auto Payment with Visa, MasterCard or American Express.
Pay Online Visit my.shawmobile.ca to pay with Visa, MasterCard or American Express. Alternatively, set up Shaw Mobile as a payee through your financial institution.
Page 9 of 10
Your Account Summary
PUBLIC
14 Shaw)Mobile
Important Information About 9-1-1 When calling 9-1-1 always provide your name, wireless phone number and the location you are calling from. Remember, it’s important to speak clearly. Stay on the line for as long as the 9-1-1 operator requires. Calls to 9-1-1 are free so take all the time that you need. Leave your handset turned on after hanging up in case the 9-1-1 operator needs to call you back. Please do not program 9-1-1 into your speed dial. This can lead to accidental calls that take up valuable emergency resources.
Calling 9-1-1 on your wireless device is subject to the same limitations as all wireless calls.If you are underground or too far away from a wireless antenna, the quality of your call may be affected or you may not be able to connect to the network. For more information visit our website: https://www.shawmobile.ca/911
Need a little extra support? Save time by visiting support.shaw.ca where you can quickly and easily message with us or view FAQs and support articles for all Shaw services.
To manage your mobile service, login to My Shaw Mobile at my.shawmobile.ca for self-serve account management options.
To speak with a representative by phone, dial 611 from your Shaw Mobile device, or call 1-888-472-2222. Representatives are available from 7am - 10pm PST or 8am - 11pm MST.
If your concern has not been resolved to your satisfaction, you can mail the Executive Office at Suite 1600 - 16 York St., Toronto, ON M5J 0E6.
---Do you have a complaint regarding a telecom or residential TV service that we have not been able to resolve? The independent Commission for Complaints for Telecom-television Services (CCTS) may be able to assist you free of charge: www.ccts-cprst.ca or 1-888-221-1687.
The Canadian Radio-television and Telecommunications Commission (the "CRTC") has created a Wireless Code so that consumers of retail mobile wireless voice and data services will be better informed of their rights and obligations contained in contracts with wireless service providers. You can find out more about the Wireless Code on the CRTC website at https://crtc.gc.ca/eng/phone/mobile/code.htm.The CRTC has also created a checklist of your rights as a consumer. You can read the checklist at https://crtc.gc.ca/eng/phone/mobile/prepay.htm
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PUBLIC 15 CT-2022-002 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S.C. 1985, c.C-34;
AND IN THE MATTER OF the proposed acquisition by Rogers Communications Inc. of Shaw Communications Inc.;
AND IN THE MATTER OF an application by the Commissioner of Competition for an Order pursuant to section 92 of the Competition Act.
B E T W E E N:
COMMISSIONER OF COMPETITION Applicant and ROGERS COMMUNICATIONS INC. SHAW COMMUNICATIONS INC.
Respondents and ATTORNEY GENERAL OF ALBERTA VIDEOTRON LTD.
Intervenors
WITNESS STATEMENT OF MARK PHANEUF