Telecom - Commission Letter addressed to Philippe Gauvin (Bell Canada), Christopher Hickey (Distributel Communications Limited, Primus Management ULC and Navigata), Pam Dinsmore (Rogers Communications Canada Inc.)

Ottawa, 12 July 2022

Our reference: 8622-R28-202105304

BY EMAIL AND COURIER

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

Christopher Hickey
Director, Regulatory Affairs
Distributel Communications Limited, Primus Management ULC and Navigata
801 – 3300 Bloor Street West
Toronto, Ontario, Canada M8X 2X2
christopher.hickey@distributel.ca

Pam Dinsmore
Vice President, Regulatory
Rogers Communications Canada Inc.
350 Bloor Street East, 6th Floor
Toronto, Ontario M4W 0A1
pam.dinsmore@rci.rogers.com

Subject: Request for Information Regarding Telecom Decision 2022-148

Dear Service Provider,

On 8 June 2022, The Commission released Telecom Decision (TD) 2022-148, addressing Rogers Communications Canada Inc.’s (RCCI) Part 1 Application for access to 70 Yorkville, a multi-dwelling unit (MDU) that is owned by Lixo Investments Limited (Lixo). 

In Telecom Decision 2022-148, the Commission approved RCCI’s request for access to 70 Yorkville Avenue,^Footnote1 stating that unless RCCI reports that it has been granted access to the MDU under reasonable terms and conditions, the Commission will consider that RCCI has not been provided access.  The Decision stated that the Commission is enforcing the MDU Access Condition pursuant to section 24 of the Telecommunications Act (the Act) and it imposed increasingly stringent regulatory conditions on local exchange carriers (LECs) and carrier internet service providers (ISPs) serving tenants of the building, commencing at 30 days following the date of the Decision.

On 8 July 2022, RCCI reported that, to date, attempts to engage Lixo in negotiations for an access settlement have been unsuccessful and RCCI remains unable to gain access to 70 Yorkville to the extent outlined within the Decision. Therefore, pursuant to paragraph 63, the section 24 condition imposed on all LECs and carrier ISPs is in effect as of 8 July 2022.

You and any other LECs and carrier ISPs serving residential, commercial and business tenants in the building, are no longer permitted to:

• provide services to any new occupants;
• provide services to any current occupants who are not an existing customer of the service provider; and
• modify or upgrade services being provided to any occupants (excluding requests from occupants to cancel any services provided by the LEC or carrier ISP).

LECs and Carrier ISPs not abiding by, or who continue to provide services contrary to, the conditions imposed by Telecom Decision 2022-146 will be in non-compliance with section 24 of the Act and could be subject to enforcement actions including the imposition of administrative monetary penalties.^Footnote2

Paragraphs 37(1)(b) of the Actprovides 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, you are required by Commission staff to provide a response to the attached questions by 19 July 2022. 

As set out in section 39 of the 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.:      Peter Kovacs, RCCI, Peter.Kovacs@rci.rogers.com
Zack Ozani, RCCI, Zack.Ozani@rci.rogers.com
Lixo Investments Limited, 70 Yorkville Avenue, Suite 33, Toronto, Ontario M5R 1B9
Lixo Investments Limited, lixoproperties@gmail.com
Jane ven der Buhs, CRTC, Jane.venderBuhs@CRTC.gc.ca

Attach. (1)

Request for Information

1. Telecom Decision 2022-148, paragraph 61, indicates that the Commission is enforcing the Multi-Dwelling Unit (MDU) Access Condition pursuant to section 24 of the Telecommunications Act (the Act). The decision outlines conditions that are in effect unless Rogers Communications Canada Inc. (RCCI) reports that it has been granted access to 70 Yorkville Avenue, specifically:
   • Pursuant to section 24 of the Act, at 30 days following the date of the decision, any Local Exchange Carriers (LECs) and Carrier Internet Service Providers (ISPs), including Bell Canada, Distributel Communications Limited/Primus Management ULC/Navigata and RCCI, who are already providing services to residential, retail, and commercial occupants of 70 Yorkville Avenue via copper wire and fibre, are not permitted to
     • provide services to any new occupants;
     • provide services to any current occupants who are not an existing customer of the service provider; and
     • modify or upgrade services being provided to any occupants (excluding requests from occupants to cancel any services provided by the LEC or carrier ISP).
   • These cumulative conditions will remain in force, and parties should understand them as being in force, until the Commission’s receipt of the report from RCCI that access has been granted under reasonable terms and conditions. Upon the Commission’s receipt of such report from RCCI, these conditions will be considered lifted.
   • If at 45 days following the date of this decision, RCCI has not reported that it has received access under reasonable terms and conditions, the Commission will consider all regulatory options available to it, such as imposing requirements under sections 24 and 42 of the Act, including an order restricting any LECs and carrier ISPs from being permitted to provide any telecommunications services to occupants of 70 Yorkville Avenue.

The 30 day deadline has passed and RCCI reports that Lixo has not provided it access to 70 Yorkville.

Please confirm that since 8 July 2022, as required by Telecom Decision 2022-148, you are abiding by the decision and that you are no longer:

1. Providing services to any new occupants or current occupants of 70 Yorkville who are not your existing customer; and
2. Modifying or upgrading services being provided to any occupants.

2. In accordance with the procedures for filing confidential information, please submit details concerning services you were providing to customers at 70 Yorkville on 7 July 2022 by completing the following table.
   

   Confidential
   70 Yorkville Customer Information as of 7 July 2022

   Unit Number	Residential, Commercial or Business	Copper or Fibre	Types of Telecom Services Provided (including details such as line speed, usage limits, etc.)

3. Taking into consideration the procedures for filing confidential information, please confirm if Lixo Investments Limited is a customer of services that you provide at 70 Yorkville Avenue.  If yes, identify the unit numbers (or rooms/areas at 70 Yorkville) where telecom services were being provided on 7 July 2022.
4. Telecom Decision 2022-148 also directed all LECs and carrier ISPs serving occupants of 70 Yorkville Avenue to provide their customers in the building with a copy of this decision by mail, to be posted within five days following the date of this decision.

Please confirm that all customers listed in your answer to question 2 have been sent such a letter. If some customers have not been sent this letter, please indicate which customers and the reason why they weren’t sent the letter.

Date modified:

2022-07-12