Telecom Procedural Letter Addressed to Steve Jedreicich (Ledingham McAllister Ltd.)

Ottawa, 7 June 2018

Our reference: 8622-N68-201801176

BY EMAIL

Mr. Steve Jedreicich
Senior Vice President of Development.
3rd Floor, 1285 West Pender Street
Vancouver, British Columbia  V6E 4B1
stevejed@ledmac.com

RE: Application filed by Novus to obtain access to the multi dwelling units developments of Ledingham McAllister – status of negotiations progress

Dear Mr. Jedreicich,

On 28 February 2018, the Commission received an application from Novus Entertainment Inc. (Novus) filed under Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure. In its application, the company requested the Commission’s intervention to obtain access to three multi dwelling unit- developments of Ledingham McAllister Developments Ltd. (Ledingham McAllister) in Burnaby, British Columbia.Footnote1

On 18 April 2018, by way of letter to Novus Entertainment Inc. (Novus), Commission staff informed the parties that the above-mentioned file was suspended upon request of the applicant Novus, in light of the beginning of negotiations between Ledingham McAllister and Novus. In its letter, Commission staff requested Novus to inform the Commission on the progress of the negotiations no later than 1 June 2018.

On 1 June 2018, the Commission received a letter from Novus informing on the progress of the negotiations. In its letter, Novus reported a lack of constructive discussions and submitted that this matter will require a formal Commission proceeding.

Ledingham McAllister is requested to file a response to Novus’ 1 June 2018 letter with the Commission, serving copies on all other parties, no later than 13 June 2018. The company’s response should address, among other matters, Novus’ concerns with respect to being able to install its network during construction at the Escala project in Burnaby as well as any other matters that may limit Novus’ access to the Escala, Cameron and Southgate projects during construction.

The parties are reminded that, in Telecom Decision 2003-45Footnote2 , the Commission established principles for the provision of telecommunications services by local exchange carriers (LECs) to end-users in multi-dwelling units (MDUs) which stipulate, among other things, that LECs must have access to MDUs during the construction phase. This was set to allow LECs to have service available upon occupancy, to minimize disruption and to avoid the additional costs associated with the installation of facilities after completion of the MDU. Further, the Commission established that the provision of telecommunications service by a LEC in an MDU is subject to the condition that all LECs wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities, or their own facilities, at their choice, under reasonable terms and conditions.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

c.c.: Donna Robertson, Novus Entertainment Inc., donna.robertson@novusnow.ca
John Lawford, Public Interest Advocacy Centre, jlawford@piac.ca
Martin Brazeau, CRTC, martin.brazeau@crtc.gc.ca

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