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Telecom - Commission Letter addressed to Stephen Brittain (Iron Gate Developments Inc.)

Ottawa, 10 February 2022

Our reference: 8622-R28-202102862

BY EMAIL

Stephen Brittain BBA,
President
Iron Gate Developments Inc.
21 Burpee Ave.
Rothesay, NB
E2H 1G9
Stephen@VillageViewSuites.com
StephenBrittain@me.com
Stephen@IronGatesj.ca

Re: Request for Information (RFI) for IronGate Developments Inc. (IronGate) Regarding Telecom Decision 2022-5

Dear Stephen Brittain,

On 14 January 2022, the Commission released Telecom Decision 2022-5, addressing Rogers Communications Canada Inc.’s (Rogers) Part 1 Application for access to IronGate’s multi-dwelling unit (MDU) known as Telegraph Square. 

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 The Commission directed IronGate and Rogers to report to the Commission on the state of the negotiations at various intervals, the first being within 15 days following the date of the Decision.  Rogers filed its report on 31 January 2022, indicating that to date, Rogers had not been provided with access to Telegraph Square to the extent outlined in the Decision. 

IronGate did not file the required report with the Commission within 15 days of the Decision.

Paragraph 37(2) of the Telecommunications Act provides that the Commission can require a person in possession of information that the Commission considers necessary for the administration of the Act to submit the information to the Commission. 

To date, the Commission has been informed by Rogers that access has not been granted to Telegraph Square and IronGate has not filed any information on the record. Footnote2 In the absence of the 15-day report from IronGate and in order to assist the Commission in better understanding the state of negotiations, IronGate is requested to provide a response to the attached questions by 14 February 2022. 

The Commission remindsIronGate that its response to the attached questions must be served on Rogers and Bell.  The responsibility for serving Rogers and Bell with copies of the documents rests solely with IronGate.  The Commission does not distribute copies of documents to parties on behalf of other parties. 

All submissions to the CRTC must be filed in accordance with the Canadian Radio-Television and Telecommunications Commission Rules of Practice and Procedure, including ensuring that all correspondence is addressed to Mr. Claude Doucet, Secretary General.  All documents must be actually received, not merely sent, by the deadline specified above.

IronGate’s response to this RFI will become part of the public record and will be posted on the CRTC website.  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, IronGate may designate certain information as confidential.  A detailed explanation of 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.  If IronGate files a document containing confidential information, an abridged version of the document omitting only the confidential information must also be filed with the Commission (and served on Rogers and Bell) or reasons why an abridged version cannot be filed must be provided.  In that case, only the abridged version will be part of the public record and posted on the CRTC website.

The Commission usually requires documents to be filed electronically, via My CRTC Account.  In this instance, staff considers that IronGate has not filed with the Commission before and it will be unable to secure a My CRTC Account within the deadlines.  Therefore, IronGate must file its response to this RFI via email to the following email addresses:  Michel.Murray@crtc.gc.ca and Jane.venderBuhs@crtc.gc.ca.

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
Philippe Gauvin, Bell, Bell.Regulatory@Bell.ca
Jane ven der Buhs, CRTC, Jane.venderBuhs@CRTC.gc.ca

Attachment (1)

Request for Information

  1. In the report filed by Rogers on 31 January 2022, Rogers stated that it spoke with Stephen Brittain by telephone and email on 18 January 2022 concerning access to Telegraph Square.  In addition, Rogers submitted an associated email sent to Stephen Brittain as part of its report.  After no response from Stephen Brittain, Rogers stated that it reached out to IronGate again on the 28th and 31st of January 2022. 

Has IronGate responded to Rogers, or have there been other emails, telephone calls, meetings, negotiations or site visits that may have occurred since the Decision’s release?

Please provide a chronological summary of the communications, negotiation events, meetings or other contact between Rogers and IronGate concerning access to Telegraph Square that occurred since 1 January 2022, up to and including the date of filing of your response to this Request for Information. 

Please include the following:

  1. Has Rogers had the opportunity to enter or access the Telegraph Square development since 1 January 2022?  If so, please provide details that may better help the Commission understand the nature of the visits including attendees, dates and outcomes.
  2. Telecom Decision 2022-5, paragraph 45 stated:
    “…The Commission finds that timely access under reasonable terms and conditions, such that the MDU access framework is satisfied, consists of, at a minimum,

Does IronGate believe that it has allowed Rogers to access Telegraph as described above and as required by the direction set out in Telecom Decision 2022-5?  Please explain how IronGate has allowed access or why it has not.

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