Telecom Commission Letter addressed to Distribution list
Ottawa, 2 June 2020
Our reference: 8690-C126-201612250
RE: Closure of file regarding Telecom Decision CRTC 2019-19 – City of Calgary – Application concerning a Municipal Rights-of-Way Bylaw and a proposed Municipal Consent and Access Agreement
The purpose of this letter is to close the above-noted file.
In City of Calgary – Application concerning a Municipal Rights-of-Way Bylaw and a proposed Municipal Consent and Access Agreement, Telecom Decision CRTC 2019-19, 25 January 2019, the Commission directed the City of Calgary (Calgary) and the Respondent CarriersFootnote1 (Carriers) to file with the Commission, within 120 days of the date of the decision, a joint report on the results of their negotiations of certain terms of a Municipal Consent and Access Agreement (MCAA).
The Commission approved several requests for extensions to file the joint report as the parties were continuing their negotiations. On 31 January 2020, both Calgary and the Carriers reported that they had reached mutual agreement in order to conclude the negotiation of an MCAA, including Alignment Guidelines, governing the Carriers’ access to Calgary’s Service Corridors.
The Carriers indicated that the only item that the parties could not agree upon were terms applicable to future major infrastructure/transit projects. They submitted that although currently theoretical, given the magnitude or uniqueness of some infrastructure projects, a need may arise in the future which would give reason to enter into a separate agreement with terms and conditions that deviate from the MCAA. They indicated that they reserved the right to enter into separate agreements to address projects that may arise that are of a significantly greater scope and/or scale as compared to the typical day-to-day operations within Calgary’s Service Corridors.
Calgary stated its position that the MCAA covers these types of circumstances but that does not prevent the parties, if they desire, from entering into a separate agreement in the future.
In light of the confirmation that the parties have reached an agreement on an MCAA, this file is closed.
Original signed by
Director, Dispute Resolution and Regulatory Implementation
c.c.: Simon Lapointe, CRTC, firstname.lastname@example.org
Kelly Hess, email@example.com;
Bell Canada, firstname.lastname@example.org;
Rogers Communications, email@example.com;
Shaw Communications Inc., firstname.lastname@example.org;
TELUS Communications Inc., email@example.com;
Zayo Canada Inc., firstname.lastname@example.org
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