ARCHIVED - Public Notice CRTC 2001-99

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Public Notice CRTC 2001-99

Ottawa, 31 August 2001

Terms and conditions of existing agreements for access to municipal property

Reference: 8690-A4-01/01

In this Public Notice, the Commission initiates a proceeding to consider the circumstances, if any, where the Commission could alter the terms and conditions of an existing property-access contract between a carrier and a municipality.



On 28 May 2001, AT&T Canada Corp. on behalf of itself and AT&T Canada Telecom Services Company (AT&T Canada) filed a Part VII application requesting relief pursuant to sections 32(d) and (e) and 43(4) of the Telecommunications Act (the Act), naming the City of Toronto (the City) as respondent. AT&T Canada stated that it wanted the Commission to substitute for those terms and conditions of its current access agreement with the City that are inconsistent with the principles set out in Decision CRTC 2001-23, Ledcor/Vancouver - Construction, operation and maintenance of transmission lines in Vancouver, dated 25 January 2001, the terms and conditions that are based on the principles set out in that decision.


On 27 June 2001, the City filed its response to AT&T Canada's application. The City argued that the principles developed in Decision 2001-23 were not applicable in the unique factual circumstances of the contractual situation between itself and AT&T Canada. Further, the City argued that the Commission lacked jurisdiction under the Act to interfere with an existing agreement for access to municipal property like the agreement between itself and AT&T Canada.

Scope of proceeding


In this proceeding, the Commission will consider, given the framework set out in sections 43(1) to 43(4) and any other relevant provisions of the Act, and the principles laid out in Decision 2001-23, what circumstances, if any, would justify an intervention by the Commission to alter the terms of an existing contract between a carrier and a municipality for access to municipal rights-of-way.



The contract filed in the Part VII application as Appendix "A" to AT&T Canada's application is made part of the record in this proceeding.


AT&T Canada and the City are made parties to this proceeding.


Other parties wishing to participate in this proceeding must notify the Commission of their intention to do so by 1 October 2001. These parties should contact the Secretary General, by mail at CRTC, Ottawa, Ontario, K1A 0N2; by fax at (819) 953-0795; or by email at They are to indicate in the notice their email address, where available. If parties do not have access to the Internet, they are to indicate in their notice whether they wish to receive disk versions of hard copy filings.


The Commission will issue, as soon as possible after the registration date, a complete list of interested parties and their mailing addresses (including their email address, if available), identifying those parties who wish to receive disk versions.


All parties may submit comments on the circumstances, if any, for Commission intervention, serving a copy of their submission on all the parties on the interested parties list, by 29 October 2001. Submissions longer than five pages should include a summary. In order to streamline the process and reduce the workload for all concerned, the Commission encourages parties with similar interests to file joint submissions and to participate jointly in subsequent stages of the proceeding.


Parties may file reply comments with the Commission, serving a copy on those parties who filed comments, by 28 November 2001. Submissions longer than five pages should include a summary.


Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.


Parties wishing to file electronic versions of their comments can do so by email at the address shown above, or on diskette.


The electronic version should be in the HTML format. As an alternative, those submitting comments may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.


Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.


The Commission will make submissions filed in electronic form available on its web site at in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.


The Commission also encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their submission.


Submissions may be examined or will be made available promptly upon request at the Commission offices during normal business hours:

Central Building
Les Terasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218

Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721

405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689

55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD:983-8274
Fax: (204) 983-6317

Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319

10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214

530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD:666-0778
Fax: (604) 666-8322

Secretary General

This document is available in alternative format upon request, and may also be examined at the following Internet site:

Date Modified: 2001-08-31

Date modified: