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Ottawa, 21 December 2012

Our reference: 8690-R28-201205204


Pamela J. Dinsmore
Vice President, Regulatory
Rogers Communications Partnership
333 Bloor Street East, 9th Floor
Toronto, Ontario M4W 1G9

Barbara A. McIsaac, Q.C.
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen St., Suite 1100
Ottawa, Ontario K1P 1J9

RE: Part 1 application seeking a Commission determination as to the appropriate allocation of the costs of certain relocations requested by the Regional Municipality of York

Dear Madams:

On 2 May 2012, Rogers Communications Partnership (RCP) filed the above-mentioned Part 1 application with the Commission. In its application, the company sought a Commission determination regarding the appropriate allocation of the costs associated with the relocation of RCP’s facilities to accommodate the Regional Municipality of York’s (York Region) vivaNext transit construction project.

The Commission notes that it is RCP’s position that York Region’s requirement to bury its telecommunications facilities is purely for aesthetic purposes, given that hydro poles will continue to run along the affected rights-of-way. The Commission has in previous decisions found that the costs associated with relocation for beautification, aesthetics, or other similar purposes should be the sole responsibility of the municipality. 1

The Commission further notes that it is York Region’s position that its requirement for carriers, such as RCP, to bury their facilities is not primarily for aesthetic purposes, but rather includes transit planning, design, and the overall goal of developing a safer street environment.2

Given the information presently on the record, the Commission is not convinced that the purpose supporting York Region’s request to RCP to relocate its facilities is limited to aesthetics. Neither is it convinced that the purpose is for reasons other than aesthetics (e.g. accessibility, functionality, and/or safety).

In light of this, the Commission directs RCP and York Region to resume negotiations in an attempt to resolve this matter. Should RCP and York Region be unable to come to a negotiated agreement within 60 days of the date of this letter, either party may ask the Commission to issue a determination on the appropriate principles that should govern the allocation of identified relocation costs. The Commission notes, however, that before issuing such a determination, it may require each party to provide further evidence supporting their position regarding the purpose(s) supporting the required relocation of facilities.


Original signed by:

John Traversy
Secretary General

[1] See, for example, Shaw Cablesystems Limited’s request for access to highways and other public places within the District of Maple Ridge on terms and conditions in accordance with Decision 2001-23, Telecom Decision CRTC 2007-100 , 25 October 2007, and MTS Allstream Inc. – Application regarding a Municipal Access Agreement with the City of Vancouver, Telecom Regulatory Policy CRTC 2009-150, 19 March 2009.

[2] For example, York Region’s 4 June 2012 filling of Annex E (York Region’s regional streetscape policy, pages 2 and 18); and Annex F (York Region’s Official Plan, section 7.5, Energy and Utilities).

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