Telecom Procedural Letter adressed to Bud Eaton (Marcon Developments Ltd.)

Ottawa, 24 July 2019

Our reference: 8622-N68-201904649

BY EMAIL

Mr. Bud Eaton
Vice-President Development
Marcon Developments Ltd.
5645 – 199th Street
Langley, BC  V3A 1H9
beaton@marcon.ca

RE: Application filed by Novus Entertainment Inc. (Novus) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) 567 Clarke + Como Development and future MDU developments of Marcon Developments Ltd. and its related companies (Marcon)

Dear Sir,

On 18 June 2019, the Commission received an application from Novus filed under Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Practice and Procedure). In its application, the company sought relief from what it submitted is its ongoing inability to obtain timely access to the MDU developments of Marcon on reasonable terms and conditions, specifically, the development known as 567 Clarke + Como, located in Coquitlam, British Columbia. Novus indicated that it served this application on Marcon.

As set out in subsection 25(1) of the Rules of Practice and Procedure, a respondent to an application may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website.  The above-referenced application was posted on the Commission’s website on 21 June 2019; hence, the respondent (Marcon) was entitled to file an answer with the Commission by 22 July 2019. However, Commission staff notes that Marcon did not file an answer with the Commission.

Marcon is therefore requested to submit to the Commission, by no later than 29 July 2019, either:

  1. A confirmation that it has no response to submit to the Commission regarding the above-referenced application; or
  2. A response to the Commission in answer to Novus’ application which otherwise conforms to the Rules of Practice and Procedure (including per subsection 13(1) and subsection 25(2)).

Commission staff advises that, as set out in paragraph 26(2)(k) of the Rules of Practice and Procedure, Marcon’s response must be served on the applicant (i.e., Novus). Commission staff also advises that Novus may file with the Commission a reply to Marcon’s answer by no later than 8 August 2019.

Documents filed with the Commission electronically must be submitted via My CRTC Account. If you have not yet obtained a My CRTC Account, call 1-866-393-0932 between the hours of 10 AM and 3 PM (Pacific Time) to obtain an activation code and a GC Key; the above-referenced telephone number is also the number to call to obtain any required support when filing documents with the CRTC. Submitting applications and other documents to the CRTC using My CRTC Account | CRTC contains instructions on how to obtain a My CRTC Account. Once you have established your My CRTC Account, click the Telecom Cover Page link on the webpage, which will redirect you to the CRTC’s Privacy and Security Statement; clicking on the “Proceed to Telecom Cover Page” button at the bottom of this page will bring you to a screen that will enable you to log in via your GC Key. Once you have logged in, you may continue through the steps that are required to be followed when filing your submission.

Commission staff reminds Marcon that, as set out in Telecom Decision 2003-45Footnote1 , the Commission established principles for the provision of telecommunications services by local exchange carriers (LECs), such as Novus, to end-users in MDUs. These principles stipulate, among other things, that LECs must have access to MDUs during the construction phase. This was set to enable 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 Guillaume Castonguay on behalf of

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Donna Robertson, Novus Entertainment Inc., donna.robertson@novusnow.ca
Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
Marcon Developments Ltd. info@marcon.ca

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