Telecom Commission Letter Addressed to Donna Robertson (Novus Entertainment Inc.)

Ottawa, 25 October 2018

Our reference: 8622-N68-201801176

BY E-MAIL

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

Re: Request to maintain suspension of the application filed by Novus to obtain access to the multi-dwelling unit developments of Ledingham McAllister

Dear Ms. Robertson,

On 23 August 2018, by way of letter to Novus Entertainment Inc. (Novus), Commission staff informed the parties that the above-mentioned file remained suspended upon request of the applicant Novus due to the continuation of negotiations with Ledingham McAllister Developments Ltd. (Ledingham McAllister).

On 3 October 2018, the Commission received a letter from Novus informing on the progress of the negotiations with Ledingham McAllister. In its letter, Novus requested that its application continue to be suspended until 31 October 2018 to allow both parties to have a fully signed installation agreement.

Novus indicated that, on 12 July 2018, it provided Ledingham McAllister with a signed copy of the installation agreement which included the changes to the agreement that had been requested by Ledingham McAllister. Novus also indicated that it had yet to receive back the agreement signed by Ledingham McAllister which is necessary to confirm ownership of Novus’ facilities and continued right of access after the development is transferred by the developer to the strata (condominium) corporation.

In Telecom Decision 2003-45 Footnote1, the Commission established that the provision of telecommunications service by a local exchange carrier (LEC) in a multi-dwelling unit (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. Commission staff notes that, in the current situation, the absence of an installation agreement signed by both parties more than three months after the agreement signed by Novus and amended as requested by Ledingham McAllister was provided to Ledingham McAllister calls into question whether Novus is being granted access to end-users in the MDU on a timely basis and under reasonable terms and conditions as contemplated by the Commission in Telecom Decision 2003-45.

Commission staff notes that in the past, the Commission has used it power to prevent the LECs already installed in an MDU from providing services to residents of the MDU if a competitor was not granted access to end-users on a timely basis and under reasonable terms and conditions. In light of this, and given the situation in the current case, Commission staff expect that both parties come to a mutual and signed installation agreement in a timely manner.

In light of the above, the above-mentioned file remains suspended. Novus is requested to inform the Commission, serving copies on all other parties, no later than 9 November 2018, as to whether Ledingham McAllister and Novus came to a mutual and signed installation agreement. Upon receipt of Novus’ report on 9 November 2018, parties will be informed as to whether the file remains suspended or is re-opened to allow for a Commission determination.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Steve Jedreicich, Ledingham McAllister, stevejed@ledmac.com
John Lawford, Public Interest Advocacy Centre, jlawford@piac.ca
Martin Brazeau, CRTC, martin.brazeau@crtc.gc.ca

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