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Telecom - Commission Letter addressed to Lixo Investments Limited

Ottawa, 10 August 2022

Our reference: 8622-R28-202105304

BY EMAIL AND COURIER

Lixo Investments Limited
Suite 33, 70 Yorkville Avenue
Toronto, Ontario M5R 1B9
lixoproperties@gmail.com

Re:  Request for Information Regarding Telecom Decision 2022-148

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 Avenue in Toronto, Ontario, a multi-dwelling unit that is owned by Lixo Investments Limited (Lixo). The Commission approved RCCI’s request for timely access under reasonable terms and conditions to 70 Yorkville Avenue,Footnote1 and noted that it would impose conditions on telecommunications services providers currently serving the building in the case where access was not granted.
RCCI reported on 8th and 22nd of July 2022 that attempts to date to engage Lixo in negotiations to reach an access settlement agreement have been unsuccessful and it remains unable to gain access to 70 Yorkville Avenue to the extent outlined within the Decision. Pursuant to paragraph 63 of TD 2022-148, the conditions imposed on all local exchange carriers (LECs) and carrier Internet service providers (ISPs) are in effect.
Specifically, the conditions state that as of 8 July 2022, any LECs and carrier ISPs, which are already providing services to residential, retail, and commercial occupants of 70 Yorkville Avenue via copper wire and fibre, are no longer permitted to:

On 19 July 2022, Bell Canada, RCCI and Distributel Communications LimitedFootnote2 confirmed that they are abiding by the above conditions and restricting services to the occupants of 70 Yorkville Avenue. In addition, they have informed 70 Yorkville Avenue occupants of the restrictions that are in place as a result of RCCI still not having being granted access to your building.

The Commission also stated in TD 2022-148 that it will consider all regulatory options available to it if RCCI has not reported that it has received access at 45 days after publication.  This may include an order for all Canadian LECs and carrier ISPs to discontinue providing any telecommunications services at 70 Yorkville Avenue such as internet, telephone and wireless services to any of the residential, retail and commercial occupants of the building.

Subsection 37(2) Footnote3 of the Actprovides that the Commission may require a person, including property owners and managers, to file information or documents that the Commission considers necessary for administration of the Act. In order to assist the Commission in its enforcement of the Decision, you are requested to provide a response to the attached questions by 18 August 2022.

Your response to this request for information is to be served on all parties to this application, including interveners, by the specified deadlineFootnote4.

Lixo is reminded that nil responses and failing to provide complete responses to each question in this request for information will place you in contravention of the Act, and the Commission may consider enforcement action, including the imposition of administrative monetary penalties.Footnote5

In addition, pursuant to section 72.16 of the Act, Lixo is reminded that it is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority.

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
Phil Charron for

Claude Doucet
Secretary General

c.c.:  Lixo Investments Limited, 70 Yorkville Avenue, Suite 33, Toronto, Ontario M5R 1B9
Peter Kovacs, RCCI, Peter.Kovacs@rci.rogers.com
Zack Ozani, RCCI, Zack.Ozani@rci.rogers.com
Pam Dinsmore, RCCI, Pam.Dinsmore@rci.rogers.com
Philippe Gauvin, Bell Canada, Bell.Regulatory@bell.ca
Christopher Hickey, Distributel Communications Limited, Christopher.Hickey@distributel.ca
Michel Murray, CRTC, Michel.Murray@CRTC.gc.ca
Jane ven der Buhs, CRTC, Jane.venderBuhs@CRTC.gc.ca

Attach. (1)

Request for Information
Nil responses or failing to provide complete responses to each of the following questions will place you in contravention of the Act, resulting in the possibility of enforcement actions, including administrative monetary penalties.

  1. Provide the names of all persons authorized by Lixo to respond to the Commission regarding Telecom Decision 2022-148.  Identify their position titles, mailing addresses, telephone numbers and email addresses.

 

  1. Provide the names of all of Lixo’s owners, directors and management team, including position titles, mailing addresses, telephone numbers and email addresses.
  1. Provide a complete list of the unit numbers within 70 Yorkville Avenue, Toronto, Ontario (the building) indicating the following information for each:
  1. Specify the unit numbers and other rooms within the building that are used by Lixo, any of its affiliates and/or employees and directors, including office spaces and other work areas used by employees and affiliates. 
  1. Specify the unit numbers and other rooms within the building that are used by the 70 Yorkville Avenue property management team, including office space and other work areas.
  1. In accordance with the procedures for filing confidential information, provide details regarding the Internet, telephone, wireless and security system services being provided to Lixo at 70 Yorkville Avenue and/or used at the building by Lixo’s employees, directors and/or property management team.  Include the following details:
  1. Other than Bell Canada, Distributel Communications Ltd. and RCCI, are you aware of any other telecommunications service providers providing services to occupants of 70 Yorkville Avenue? If yes, which telecommunications service providers are offering services to occupants of the building?
  1. The Commission directed RCCI, at paragraph 66 of Telecom Decision 2022-148, to inform the Commission of the state of its negotiations with Lixo, with reports to be filed at 30 and 45 days following the date of the Decision. 

RCCI provided its reports on 8th and 22nd of July 2022, serving copies on Lixo.  Copies of the reports are also accessible at the following link: https://applications.crtc.gc.ca/DocWebBroker/OpenDocument.aspx?Key=57159&Type=Application

  1. If Lixo has not granted RCCI access to its building at 70 Yorkville Avenue consistent with Telecom Decision 2022-148, does Lixo intend to allow access? On what date will this occur?

 

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