Telecom Procedural Letter Addressed to Various Parties

Ottawa, 12 July 2018

Our reference: 8622-N68-201803289

BY EMAIL

Ms. Donna Robertson
Co-President & Chief Legal Officer
Novus Entertainment Inc.
300 - 112 East 3rd Avenue
Vancouver, British Columbia  V5T 1C8
donna.robertson@novusnow.ca

Mr Rick Ilich
President
Townline Group of Companies
Suite 1212 – 450 SW Marine Drive
Vancouver, British Columbia  V5X 0C3
rick.ilich@townline.ca  

RE: Application filed by Novus to obtain access to the Sussex multi-dwelling unit development of Townline Group of Companies in Burnaby, British Columbia

Dear Madam Robertson and Mister Ilich,

On 14 May 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 the multi-dwelling unit (MDU) development of Townline Group of Companies (Townline) known as Sussex and located in Burnaby, British Columbia. Specifically, Novus requested the following:

  1. A declaration from the Commission that Townline is denying timely access to the Sussex development contrary to the Commission’s MDU access framework; and an order from the Commission that Novus be granted timely access on reasonable terms and conditions to this and future developments by Townline for purposes of installing, operating, maintaining and replacing transmission facilities and ancillary telecommunications equipment; and
  2. An order from the Commission that as of the date of the Commission determination of the Novus’ application, no other local exchange carrier, telecommunications service provider, or Broadcast Distribution Undertaking will be permitted to provide telecommunications or broadcasting services in the Sussex development unless Novus has been given timely access under reasonable terms and conditions, by means of resale, leased facilities or by means of Novus’ own facilities, at Novus’ choice.

Commission staff is setting out the following process:

  1. Townline is requested to file an answer to Novus’ application with the Commission, serving copies on Novus, no later than 6 August 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 Sussex project in Burnaby as well as any other matters that may limit Novus’ access to that project during construction.
  2. Interested parties have until 6 August 2018 to file interventions with the Commission, which interventions must be served on Novus and Townline.
  3. Novus will have until 16 August 2018 to file with the Commission its reply to Townline’s answer and to any intervention, serving copies on Townline and the interveners to whom Novus is replying.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Al Hathaway, Townline Group of Companies, al.hathaway@townline.ca
John L. Sampson, Norton Rose Fulbright, john.sampson@nortonrosefulbright.com
Martin Brazeau, CRTC, martin.brazeau@crtc.gc.ca

Date modified: