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The Canadian Radio-television and Telecommunications Commission (the "CRTC") has established a Canadian Broadband Measurement Project (the "Project") in collaboration with participating Canadian ISPs ("ISPs") and SamKnows Limited ("SamKnows").
To ensure the effective and unbiased use of the data, and the integrity and validity of study results, this Code of Conduct has been drawn up which each of the ISPs, SamKnows and the CRTC (each a "Participant") agrees to sign.
The undersigned, as a Participant in the Project, agree with the following principles:
1. At all times during the Project, the Participants agree to act in good faith.
2. The Participants agree not to tamper with the testing infrastructure or methodology, or take any other actions which influence the results of any test, through positive action or omission, for any individual panelist or participating ISP.
3. The Participants acknowledge that it will not be a violation of the principle set out in paragraph 2 above for ISPs or SamKnows to:
i. Operate and manage their business, which includes modifying or improving services delivered to any class of subscribers that may or may not include panelists among them, provided that such actions are consistent with normal business practices;
ii. Address service issues for individual panelists at the request of the panelists or based on information not derived from the trial; and
iii. Advise their customer service representatives of the identity of subscribers who are panelists in the trial so that those representatives may address service and billing questions.
4. The Participants acknowledge that it will not be a violation of the principle set out in paragraph 2 above to monitor the tests and components of the testing architecture provided that no impact to the CRTC data occurs. In particular, the Participants acknowledge that the ISPs may advise SamKnows wherever a technical concern is observed in respect of an individual panelist, so that SamKnows may contact said panelist to investigate and remedy the problem.
5. A Participant shall not use the Phase II Report to make or support performance claims in the marketplace (including claims employing superlatives such as “best” or “fastest”) comparing its results against those of any other Participant, ISP or of different technologies, except that a Participant may use the Phase II Report, however necessary, subject to compliance with Section 16 of the 2019 MOU and this Code of Conduct, to directly answer a question or correct any perceived misinterpretation of the Phase II Report when responding to press or social media inquiries or requests for comment.
6. For greater certainty, this Code of Conduct does not apply to any SamKnows measurement panel, or any data generated from such panel, that any ISP or SamKnows operates independently of the CRTC Broadband Canada Measurement Platform.
7. The Participants shall ensure that their employees, agents and representatives, as appropriate, act in accordance with this Code of Conduct.
8. The ISPs shall utilize customer recruitment methods that ensure a random selection of panelists for each speedtier and geographic area served pursuant to the Sample Plan.