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Telecom Order CRTC 2022-187

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Ottawa, 19 July 2022

Public record: 1011-NOC2019-0372

Broadband Fund – Acceptance of statement of work for TELUS Communications Inc.’s access and mobile project in British Columbia (Xeni Gwet’in)

Background

  1. In Telecom Decision 2021-253, the Commission awarded up to $1,522,352 to TELUS Communications Inc. (TCI) to build access and mobile infrastructure for the project proposed in its application filed in response to the second call for applications for funding from the Broadband Fund. The Commission later received written acceptance of this funding award from TCI.
  2. The Commission received TCI’s proposed statement of work, including the information package regarding its access and mobile project in British Columbia (Xeni Gwet’in) [the project].

Commission’s analysis

  1. Having reviewed the documents submitted, the Commission approves the finalized statement of work and will provide it separately and in confidence to TCI.
  2. Provided that TCI complies with all conditions of funding set out in Telecom Decision 2021-251, constructs the project as described in Schedule A: Statement of Work, and complies with all procedural requirements to submit reports, invoices, and requests for funding, the Commission will direct the Central Fund Administrator to make payments to TCI in respect of the project. Failure to comply with these conditions and requirements could result in funding being delayed or not being disbursed.
  3. The Commission reminds TCI of the condition of funding set out in subparagraph 35(f) of Telecom Decision 2021-251. This condition is that if TCI becomes aware of a risk of adverse impact on an Aboriginal or treaty right and a duty to consult exists, TCI must advise the Commission within 20 days and submit a plan detailing the form and process for fulfilment of the duty. Should such circumstances arise, release of any additional funding will be contingent on TCI demonstrating that any necessary consultations were held to the Crown’s satisfaction.
  4. TCI is required to submit, quarterly, a progress report and expense claim beginning no later than 17 October 2022, or as otherwise agreed to with the Commission, and every three months thereafter until the project is completed.
  5. Further, in accordance with the Commission’s determinations in Telecom Decision 2021-251, TCI must offer and provide broadband services using facilities funded through the Broadband Fund once the infrastructure is built, as committed to in its application and approved in Schedule B: Project Services.

Policy Directions

  1. The 2006 Policy DirectionFootnote 1 and the 2019 Policy DirectionFootnote 2 (collectively, the Policy Directions) state that the Commission, in exercising its powers and performing its duties under the Telecommunications Act (the Act), shall implement the telecommunications policy objectives set out in section 7 of the Act, in accordance with the considerations set out therein,Footnote 3 and should specify how its decisions can, as applicable, promote competition, affordability, consumer interests, and innovation.
  2. The Commission considers that its approval of funding from the Broadband Fund for the project described in this order is consistent with the Policy Directions. Specifically, the decision to allocate funding towards improving broadband services in British Columbia will help to close the gap in connectivity in underserved areas and will respond to the social and economic needs of consumers. In doing so, this order will implement the telecommunications policy objectives, including those set out in paragraphs 7(a), (b), and (h) of the Act.Footnote 4

Secretary General

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