Report to/Rapport au :

 

Transit Commission

Commission du transport en commun

 

14 March 2012 / le 14 mars 2012

 

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager, City Operations / Directeur municipal adjoint, Opérations municipales    

 

Contact Person/Personne ressource : John Manconi, General Manager, Transit Services / Directeur Général, Service transport en commun

(613) 842-3636 ext. 2111, john.manconi@ottawa.ca

 

City Wide/à l'échelle de la Ville

Ref N°: ACS2012-COS-TRA-0001

 

 

SUBJECT:

OC TRANSPO REAL-TIME GPS DATA POLICY

 

 

OBJET :

POLITIQUE d’OC Transpo SUR LES données GPS en temps réel

 

 

REPORT RECOMMENDATIONS

 

That the Transit Commission:

 

1.                  Approve the OC Transpo Real-Time GPS Data Policy as described in this report; and, 

 

2.                  Delegate authority to the General Manager of OC Transpo to revise the OC Transpo Live Next Bus Arrival Data Feed Application Programming Interface (API) Account Terms of Service as necessary with a report back to the Transit Commission on an annual basis respecting the use of this delegated authority.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que la Commission du transport en commun :

 

1.                  approuve la Politique d’OC Transpo sur les données GPS en temps réel, décrite dans le présent rapport;

 

2.                  délègue au directeur général d’OC Transpo le pouvoir de réviser au besoin les conditions de service du compte d’interface de programmation d’applications(API) sur le flux de données en direct d’arrivée du prochain autobus d’OC Transpo, et le charge de lui rendre compte annuellement concernant l’utilisation de ce pouvoir délégué.

 

 

BACKGROUND

As part of the City of Ottawa's commitment to improving citizen engagement and enhancing transparency, the City of Ottawa has sought to increase the quantity of datasets that are available through the City of Ottawa Open Data website. Various open data initiatives, including the Open Data website, were approved by Council on May 12, 2010. These initiatives were designed to encourage digital innovation, improve service delivery, stimulate economic growth, and help residents better understand our city.

The City’s Open Data Ottawa project was designed as a multi-phased approach. The first phase included the release of readily available datasets and a beta launch of the website.  As the City now moves towards a new phase, there is an opportunity to make more information available, including OC Transpo real-time GPS information. 

 

The Transit Commission approved the OC Transpo Real-Time GPS Data Policy Report (ACS2012-CMR-OTC-0003) on January 26, 2012.  The report directed OC Transpo to work in partnership with the Transit Commission IT Working Group, and in accordance with existing City of Ottawa Open Data Terms of Use, to create a Real-Time GPS Data Policy, which includes, but is not limited to, an API Overview and Terms of Service Agreement.  Part of this process was to create a policy statement (Document 1) to lay the foundation and clarify the intent of the policy for both OC Transpo and those people receiving the information.

 

As part of the development of the policy, staff were also directed to refer to the Winnipeg Transit’s Open Data Policy as a model. 

 

OC Transpo has provided regular IT-related updates to Transit Commission through presentations, memos and inquiry responses.  The Transit Commission IT Working Group has also been part of ongoing discussions with OC Transpo on issues such as real-time GPS data, 560560 texting, the timeline for development of OC Transpo-related applications, and technical aspects of the introduction of PRESTO smart cards. 

 

At the meeting of January 16, 2012, the Transit Commission IT Working Group was presented with a full technical briefing related to all aspects of the release of real-time GPS data and application (App) development, including information on data quality, filtering, and server capacity.

 

Additionally, the Transit Commission IT Working Group met on February 27, 2012, specifically to review the existing City of Ottawa Open Data Terms of Use (Document 2), OC Transpo’s Real-Time GPS Data policy, and the draft OC Transpo Live Next Bus Arrival Data Feed Registered API Account Terms of Service (Document 3).   The Transit Commission IT Working Group endorses the proposed documents, policies and work plan.

 

 

DISCUSSION

 

At the meeting of January 23, 2012, the Transit Commission IT Working Group discussed the feasibility of the release of real-time GPS data for the location and timing of buses.  The Transit Commission IT Working Group recommended that issues regarding the reliability of independent Apps be addressed through the provision of Application Programming Interface (“API”) keys and a Terms of Service.  The Terms of Service provides the framework to address issues of reliability or abuse of information. 

 

The Transit Commission IT Working Group recommended that the City proceed with the release of real-time GPS data as soon as a Terms of Service Agreement could be developed and to allow the public access to the data detailing the locations and timing of OC Transpo buses.

 

As part of developing the policy staff researched the models of Winnipeg, Calgary, Montreal, Toronto, Vancouver, Chicago, New York and Washington.  To develop the policy staff used the models of Winnipeg and Washington.  The relevant information that was reviewed from these two cities includes:

 

        Open Data API;

        API key access requirements;

        Terms of Use;

        Types of hardware and software being used (Omnibus, Nextbus, Clever Devices); and,

        Hosting and server capabilities.

  

After the review, staff found that there were a number of consistencies, including technology factors for live data, API keys, API Rate Limits, measurement and management of API, and the developer Terms of Use.

 

Additionally, staff  were able to determine a number of other factors that were important to develop a robust and transparent policy.  Those factors include:

 

         No cost for API keys;

         Developers can charge user for Apps created with transit data;

         No automated pulling of data feed;

         API Is: Next bus arrival prediction, including the GPS coordinates (with time stamps) for the next three buses;

         GTFS: Google Transit Feed Specification;

         RSS: Real-time Simple Syndication;

         Management tools required; and,

         Notification system for developers required.

 

Next Steps

 

Moving forward staff will create a mobile/developer section for the OC Transpo website, and develop a framework for API management and rate limits.

 

Staff will develop guidelines for the management of the policy to ensure that key management issues are addressed, which would include items such as analytics tools, mass harvesting concerns, static data release on roadmap, and the developer roadmap.

 

Additionally, staff will ensure that the public has access to the API key application by March 22, 2012.

 

 

RURAL IMPLICATIONS

 

There are no rural implications to implementing the recommendation in this report.

 

 

CONSULTATION

 

This policy was developed by the Transit Commission IT Working Group, which included OC Transpo staff and Transit Commission members.  Consultation was held with the City of Ottawa IT Department and Legal Services.  As well, a representative of Open Data Ottawa was consulted.

 

 

LEGAL IMPLICATIONS

 

There are no legal impediments to implementing the recommendations in this report.

 

 

RISK MANAGEMENT IMPLICATIONS

 

Both the City of Ottawa Open Data Terms of Use and OC Transpo’s Terms of Service provide the framework to mitigate risks. 

 

 

CITY STRATEGIC PLAN

 

The recommendation outlined in this report aligns with Council’s strategic direction with respect to Transportation and Mobility: Meet the current and future transportation and mobility needs of residents, visitors and enterprises by improving transit and by emphasizing choice and accessibility of multiple types of transportation including the development of a Light Rail Transit system.

 

 

TECHNICAL IMPLICATIONS

 

ITS resources will be required to implement a data feed to accommodate the OC Transpo Real-Time GPS Data Policy.

 

 

FINANCIAL IMPLICATIONS

 

Operating or capital cost implications, which would be incremental over current budget allocations, will be identified and brought forward as part of the 2013 budget process.

 

No incremental pressures are anticipated in 2012 as a result of this policy.

 

 

ACCESSIBILITY IMPLICATIONS

 

There are no accessibility implications to implementing the recommendation in this report.

 

 

SUPPORTING DOCUMENTATION

 

Document 1 – OC Transpo Real-Time GPS Data Policy Statement

 

Document 2 – City of Ottawa Open Data Terms of Use

 

Document 3 – OC Transpo Real-Time GPS Data Terms of Service

 

 

DISPOSITION

 

Pending Transit Commission approval, staff will work with the Transit Commission IT Working Group to implement the OC Transpo Real-Time GPS Data Policy. 

 

DOCUMENT 1

 

OC Transpo Real-Time GPS Open Data Policy Statement

 

The City of Ottawa Transit Services Department (OC Transpo) shall make GPS data available to the public.  The data stream is to provide Next Bus Arrival information to the developer community for inclusion in their applications.  The City of Ottawa Open Data Terms of Use will govern the use of the data. Due to the technical requirements in making this real-time data available, users will be required to register for an API Account that will be governed by an API Account Terms of Service.

                                                                                                                                  DOCUMENT 2

City of Ottawa Open Data Terms of Use

 

Introduction

 

Please note that by accessing the datasets, you agree to these Terms of Use, which are intended to protect and promote the City's commitments to open data and ensure that the recipients of these datasets give back to the community the benefits they derive from these datasets.

 

Your open licence to the datasets

 

The City of Ottawa (City) now grants you a world-wide, royalty-free, non-exclusive licence to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose. You now acknowledge that this licence does not give you a copyright or other proprietary interest in the datasets. If you distribute or provide access to these datasets to any other person, whether in original or modified form, you agree to include a copy of, or this Uniform Resource Locator (URL) for, these Terms of Use and to ensure they agree to and are bound by them but without introducing any further restrictions of any kind.

 

Giving City credit

 

Although you are not required to credit the City for each use or reproduction of the datasets, you are entitled to do so and encouraged to conspicuously announce that these datasets are publicly available from the City under these Terms of Use. Upon the request of the City, you may be required to remove a credit from future uses or reproductions should the City decide that such credit is not in the public interest.

 

Future changes to datasets/Terms of Use

 

The City may at any time and from time to time add, delete, or change the datasets or these Terms of Use. Notice of changes may be posted on the home page for these datasets or this page. Any change is effective immediately upon posting, unless otherwise stated.

 

Compliance with law - Your responsibility

 

You assume sole responsibility for your use and reproduction of the datasets complying with all applicable laws and industry standards.

 

No warranty with datasets

 

You get NO WARRANTIES, none of any kind. By this, we mean, for example (but without limiting the total intended scope of the preceding sentence), (1) that while reasonable efforts have been made in preparing these datasets for use by you, the City cannot give any promises as to the completeness, currency, or accuracy of the datasets nor that access will be continuous, (2) the City cannot make any promise that the datasets are free and clear of any possible third party copyright, moral rights, or other claim, (3) the datasets have been modified from their original source, as data initially generated by the City for its internal uses, and (4) all data visualizations on maps are approximate and include only records that can be mapped. You accept these datasets on an "as-is, where is" basis and agree to use them at your own risk.

Exclusion of liability

 

You agree that you will not and cannot sue the City for anything, which the City does or does not do (even if intentional or negligent) in connection with the datasets and your use or inability to use them. Without limiting the general scope of the preceding sentence, this means that the City and its agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages or losses.

 

Liability for not complying with Terms of Use

 

If, as a result of your breach of these Terms of Use, the City gets sued or is required to pay someone money, you agree to protect the City and reimburse the City for everything which you cause the City to suffer. This means that you agree to defend, indemnify, and hold harmless the City and all of its agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms of Use, including reasonable legal fees and costs. You agree to cooperate fully in the defence of any such claim. The City reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the City.

 

Cancellation for non-compliance

 

The City may, in its sole discretion, cancel or suspend your access to the datasets without notice and for any reason, including anything which the City, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to use or reproduce these datasets, and the City may use any means possible to enforce its decision. Such cancellation or suspension will not affect any person who has received the datasets from you and who is otherwise in compliance with these Terms of Use.

 

No endorsement

 

You may not publicly represent or imply that the City is participating in, or has sponsored, approved, or endorsed the manner or purpose of, your use or reproduction of these datasets.

 

No association

 

You may not use any trade-mark, official mark, official emblem or logo, of the City, or any of its other references or means of promotion or publicity without the City’s prior written consent nor in any event to represent or imply an association or affiliation with the City.

 

Governing law and jurisdiction from which datasets are published

 

These datasets are published from within the Province of Ontario, Canada. These Terms of Use are governed by Ontario law and the City and you now irrevocably submit to the exclusive jurisdiction of Ontario courts with respect to any and all matters arising under these Terms of Use or these datasets.

 

                                                                                                                                  DOCUMENT 3

 

OC Transpo Live Next Bus Arrival Data Feed API Account Terms of Service

 

The OC Transpo Live Next Bus Arrival Data Feed Application Program Interface Service (the “API Service”) provides a gateway into a data feed that consists of near-real-time OC Transpo bus locations and estimated arrival times. Access to this gateway is provided subject to the following API Account Terms of Service. If you have any questions or concerns about these Terms of Service contact OC Transpo at developer@octranspo.com.

 

Open License to API Service

 

The City of Ottawa now grants you a world-wide, royalty-free, non-exclusive, limited, revocable license to use the API Service for any lawful purpose.

 

Open License to Datasets

 

All of the data obtained via the API Service is separately licensed under the City of Ottawa Open Data Terms of Use. You agree to comply with the City of Ottawa Open Data Terms of Use as may be updated from time to time. The City of Ottawa Open Data Terms of Use grant you a world-wide, royalty-free, non-exclusive license to use, modify, and distribute the datasets in all current and future media and formats for any lawful purpose and may be accessed at: http://www.ottawa.ca/online_services/opendata/terms_en.html

 

Future changes to Terms of Service

 

The City of Ottawa may at any time and from time to time modify these Terms of Service. The City will notify users of any changes to these Terms of Service and/or City of Ottawa Open Data Terms of Use via the email address users provided when registering for an API Account and an updated version posted on the API Service website. Any change is effective on the date the City sends the email notification and posts the updated version, unless otherwise stated.

 

Data API Limitations and Restrictions

 

The intent of this API Service is to provide live next bus predictions. Mass harvesting of the API data is not permitted. Each API key has a default limit set of 10,000 connections per day. The City of Ottawa reserves the right to reduce your maximum number of connections per day in order to prevent abuse of these Terms of Service and to maintain the reliability of the data feed. The City of Ottawa also may, in its sole discretion, approve or disapprove a user request for an increase to the default connection limit and/or number of API keys.

 

Cancellation for Non-compliance

 

The City of Ottawa may, in its sole discretion, cancel or suspend your access to the API Service without notice and for any reason, including anything which the City of Ottawa, in its sole discretion, believes is a breach of these Terms of Service or is otherwise unlawful or harmful to others. In the event of cancellation or suspension, you will no longer be authorized to access the API Service, and the City of Ottawa may use any means possible to enforce its decision. Breaches and/or harms may include but are not limited to:

(a)   Failing to comply with the City of Ottawa Open Data Terms of Use;

(b)  Interfering or disrupting City of Ottawa services or servers;

(c)   Circumventing or modifying API keys;

(d)  Requesting/soliciting access to sign-in names/API keys for other developers;

(e)   Transferring API keys to another user;

(f)   Obtaining access to a registered API Account or OC Transpo Live Next Bus Arrival data without permission;

(g)  Creating more than one user account including creating user accounts by automated means;

(h)  Enabling personal identification of any user accessing the API without their consent; and

(i)    Transmitting destructive software connected to the API.

 

No Warranty

 

You get NO WARRANTIES, none of any kind. By this, we mean, for example (but without limiting the total intended scope of the preceding sentence) that while reasonable efforts have been made in providing this service to you, the City of Ottawa cannot give any promises as to the completeness, currency, or accuracy of the data feed nor that access to the data feed will be continuous. You accept the API Service on an "as-is, where is" basis and agree to use it at your own risk.

 

Exclusion of liability

 

You agree that you will not and cannot sue the City of Ottawa for anything, which the City of Ottawa does or does not do (even if intentional or negligent) in connection with the API Service and your use or inability to use it. Without limiting the general scope of the preceding sentence, this means that the City of Ottawa and its agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages or losses.

 

Liability for not Complying with Terms of Service

 

If, as a result of your breach of these Terms of Service, the City of Ottawa gets sued or is required to pay someone money, you agree to protect the City of Ottawa and reimburse the City of Ottawa for everything which you cause the City of Ottawa to suffer. This means that you agree to defend, indemnify, and hold harmless the City of Ottawa and all of its agents from any and all liabilities incurred in connection with any claim arising from any breach by you of these Terms of Service, including reasonable legal fees and costs. You agree to cooperate fully in the defence of any such claim. The City of Ottawa reserves the right to assume, at its own expense, the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree not to settle any matter without the written consent of the City of Ottawa.

 

No Endorsement

 

You may not publicly represent or imply that the City of Ottawa is participating in, or has sponsored, approved, or endorsed the manner or purpose of, your use of the API Service.

 

No Association

 

You may not use any trade-mark, official mark, official emblem or logo, of the City of Ottawa, or any of its other references or means of promotion or publicity without the City of Ottawa’s prior written consent nor in any event to represent or imply an association or affiliation with the City of Ottawa.

 

Governing Law

 

These Terms of Service are governed by Ontario law and the City of Ottawa and you now irrevocably submit to the exclusive jurisdiction of Ontario courts with respect to any and all matters arising under these Terms of Service.