Telecom - Procedural Letter addressed to Pamela Dinsmore (Rogers Communications Canada Inc.) and Angie Colomvakos (Lixo Investments Ltd.)
Ottawa, 11 August 2021
Our reference: 8622-R28-202105304
Vice President, Regulatory
Rogers Communications Canada Inc.
Lixo Investments Ltd.
RE: Part 1 Application filed by Rogers Communications Canada Inc. (Rogers) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) at 70 Yorkville Avenue
Dear Pamela Dinsmore and Angie Colomvakos,
On 5 August 2021, the Commission received an application from Rogers Communications Inc. (Rogers), filed pursuant to Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules). In its Application, Rogers submitted that Lixo Investments Ltd. (Lixo), which owns and operates a multi-dwelling unit (MDU) development at 70 Yorkville Avenue (the MDU) in Toronto, Ontario, is denying Rogers timely access to the MDU. Rogers submitted that it is requesting access from Lixo to the MDU to perform installation, maintenance and repair work on the transmission facilities which it installed in the building to serve its existing customers residing at the MDU.
Rogers is requesting that the Commission: declare that Lixo is denying it access to the MDU; order that it be granted timely access to the MDU for the purpose of installing, operating, maintaining and replacing transmission facilities and ancillary telecommunications equipment; order other carriers immediately stop providing service to the MDU unless Rogers is also granted access; and any other relief the Commission considers just and reasonable.
Rogers has requested that the Commission dispose of the application on an expedited basis, in order to implement the relief it requested on a timely basis, noting the urgency of its need to access the MDU. Specifically, Rogers has asked that the Commission modify its procedures to provide Lixo and interested persons 10 days to comment on its application, and that it would be prepared to file its reply within 5 days following the initial comment period.
Section 7 of the Rules grants the Commission the power to dispense with or vary the Rules if, in its opinion, considerations of fairness or the public interest permit. Commission staff is of the view that an expedited process to consider Rogers’ application is in the public interest, as a timely resolution would ensure the least disruption to affected customers. Therefore, the following sets out the new filing deadlines in relation to Rogers’ application:
- Lixo and any interested person may comment on Rogers’ Application by no later than 23 August 2021. Should Lixo decide not to file an answer to Rogers’ application, Lixo is requested to provide confirmation of same with the Commission, in writing, by no later than 23 August 2021.
- Rogers may file a reply to Lixo’s response and to any other interventions received, by no later than 30 August 2021.
In addition to filing its answer with the Commission, and as set out in in paragraph 26(2)(k) of the Rules, Lixo’s response must be served on the applicant (i.e. Rogers), as well as Bell Canada, whom Rogers’ copied on its application. The responsibility for serving Rogers with a copy of Lixo’s answer rests solely with Lixo; the Commission does not distribute copies of documents to parties on behalf of other parties. Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. The Commission will place all filings on the public record of this proceeding.
All submissions to the Commission must be filed in accordance with the procedures and steps set out on the Commission’s website, including ensuring that all correspondence is addressed to Claude Doucet, Secretary General. All documents filed with the Commission must be submitted electronically, via My CRTC Account. If you have not yet obtained a My CRTC Account, call 1-866-393-0932 between the hours of 7 AM and 5 PM Eastern 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 Commission. Clicking on the following link will take you to the page on the Commission’s website containing instructions for obtaining a My CRTC Account, as well as instructions for filing documents:
Submitting applications and other documents to the CRTC using My CRTC Account | CRTC
Original signed by Christine Brock on behalf of
Director, Dispute Resolution and Regulatory Implementation
c.c.: Peter Kovacs, Rogers Communications Canada Inc. firstname.lastname@example.org
Bell Canada, email@example.com
Rudy Rab, CRTC, firstname.lastname@example.org
- Date modified: