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Telecom - Commission letter addressed to Philippe Gauvin (Bell Canada)

Ottawa, 3 February 2022

Our reference: 8622-R28-202102862

BY EMAIL

Philippe Gauvin
Assistant General Counsel
Bell Canada
160 Elgin St., Floor 19
Ottawa, ON  K2P 2C4
bell.regulatory@bell.ca

Re: Request for Information (RFI) for Bell Canada Regarding Telecom Decision 2022-5

Dear Phillippe Gauvin,

On 14 January 2022, The Commission released Telecom Decision 2022-5, addressing Rogers Communications Canada Inc.’s (Rogers) Part 1 Application for access to Telegraph Square, a multi-dwelling unit (MDU) that is owned by IronGate Developments Inc. (IronGate). 

In Telecom Decision 2022-5, the Commission approved Rogers’ request for access to Telegraph Square under reasonable terms and conditions, on a timely basis.Footnote1  In addition, the Commission stated that if such access is not allowed, it would enforce the MDU Access Condition pursuant to section 24 of the Telecommunications Act by applying increasingly stringent regulatory measures, beginning 15 days following the date of the Decision.Footnote2

On 31 January 2022, Rogers reported that to date, it has been unable to gain access to Telegraph Square to the extent outlined within the Decision.

Bell Canada confirmed in a previous RFI response that it had a building access license with IronGate for Telegraph Square, located at 29 Canterbury Street, Saint John, New Brunswick.  Due to Rogers continuing to be denied access to Telegraph Square, the Commission’s enforcement of the MDU Access Condition, as set out in Telecom Decision 2022-5, will impact Bell’s provision of service to the residents of Telegraph Square.

Paragraph 37(1) (b) of the Telecommunications Act provides that the Commission may require Canadian carriers to file information or documents that the Commission considers necessary for administration of that Act.  In order to assist the Commission in its enforcement of the MDU Access Condition, Bell is requested to provide a response to the attached questions by 9 February 2022. 

As set out in section 39 of the Telecommunications Act, and in Broadcasting and Telecom Information Bulletin CRTC 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, persons may designate certain information as confidential.  A detailed explanation on why the designated information is confidential and why its disclosure would not be in the public interest must be provided, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest in disclosure.  In addition to the confidential version, an abridged version of the document omitting only the confidential information must be filed or reasons why an abridged version cannot be filed must be provided.

Sincerely,

Original signed by

Michel Murray
Director of Dispute Resolution and Regulatory Implementation
Telecommunications Sector, CRTC

c.c.:   Pamela Dinsmore, Rogers, Pam.Dinsmore@rci.rogers.com
Peter Kovacs, Rogers, Peter.Kovacs@rci.rogers.com
Stephen Brittain, IronGate Developments, stephen@villageviewsuites.com & stephenbrittain@me.com
Jane ven der Buhs, CRTC, Jane.venderBuhs@CRTC.gc.ca

Attachment (1)

Request for Information

  1. Telecom Decision 2022-5, paragraph 56, indicates that the Commission is enforcing the MDU Access Condition and outlines a series of measures that will be applied.  Specifically, if Rogers is not allowed access, as defined within the Decision:
    • Within 15 days following the date of the Decision, Bell Canada and any other LEC or carrier ISP already in Telegraph Square will not be permitted to provide services to any new resident of Telegraph Square and will not be permitted to provide services to a current resident that is not an existing customer of the applicable service provider.
    • Within 30 days following the date of the Decision, any LEC or carrier ISP present in Telegraph Square will not be permitted to modify or upgrade the services being provided to a current resident.
    • Within 45 days following the date of the Decision, the Commission will explore all regulatory options available to it, including issuing an order under section 42 of the Telecommunications Act and issuing a decision which could result in all LECs and carrier ISPs present in Telegraph Square not being permitted to provide any services to the residents.
    • The 15 day deadline has passed and Rogers reports that IronGate has not allowed it access to Telegraph Square.
    • Please confirm that Bell is not providing services to any new resident of Telegraph Square or to a current resident that is not an existing Bell customer, as required by Telecom Decision 2022-5, and that it will abide by the determinations in that decision.
  2. Please submit the following information, taking into consideration the procedures for filing confidential information, if applicable:
    • The total number of customers to whom Bell was providing telecommunications services at Telegraph Square on the 29 January 2022.
    • The name, unit number and the types of telecom services being provided for each of the above customers on the 29 January 2022, including details of these service packages such as line speed and usage limits.
  3. If Bell is aware of any other telecom service providers serving residents within Telegraph Square or who have telecom facilities installed within the MDU development, please provide the name of the service provider’s organization and contact information where available, taking into consideration the procedures for filing confidential information, if applicable.
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