Telecom - Commission Letter addressed to Bram Abramson (Legal Council for Lixo Investments Ltd.)
Ottawa, 3 October 2022
Our Reference: 8622-R28-202105304 and 1011-NOC2022-0268
BY EMAIL AND COURIER
Bram Abramson
Legal Council for Lixo Investments Ltd.
Box 563, Station P
Toronto, Ontario M5S 2T1
bram@32M.io
Re: Lixo’s Procedural Request to Suspend Enforcement Action in Relation to Telecom Decision CRTC 2022-148: Rogers Communications Canada Inc. – Application for non-discriminatory and timely access under reasonable terms and conditions to the multi-dwelling unit at 70 Yorkville Avenue, Toronto, Ontario
Dear Bram Abramson:
On 1 September 2022, Lixo Investments Ltd. (Lixo) submitted a procedural request asking the Commission to suspend its enforcement action related to the dispute between Rogers Communications Canada Inc. (RCCI) and Lixo and to Telecom Decision CRTC 2022-148 Footnote1 (the decision). In its request, Lixo stated that negotiations between RCCI and Lixo were progressing and that Lixo demonstrated its willingness to give effect to the multi-dwelling unit (MDU) access condition. Lixo argued that suspending enforcement action would be to the benefit of all parties in seeking a resolution. Lixo further proposed that the Commission indicate its willingness to offer staff assisted mediation to resolve any remaining details.
Also on 1 September 2022, RCCI responded submitting that the Commission should not suspend enforcement action, and that given that negotiations are ongoing, there is no need for staff-assisted mediation at this time.
The Commission is encouraged by the fact that negotiations have progressed and encourages parties to continue to seek a mutually beneficial agreement that will allow RCCI to access Lixo’s building at 70 Yorkville under reasonable terms and conditions. However, the Part 1 application leading to the decision was originally filed with the Commission on 5 August 2021. Parties have therefore already had over a year to resolve this dispute, and had the opportunity to resolve this dispute before the Commission issued the decision. The Commission is committed to ensuring a quick resolution to this dispute for the benefit of both parties and occupants of the building and, as such:
- The Commission denies Lixo’s procedural request to suspend enforcement action;
- As explained in Notice of Consultation 2022-268: Call for comments - Imposition of orders on Lixo Investments Inc. for failure to comply with a Commission decision and requests regarding access to the multi-dwelling unit at 70 Yorkville Avenue, Toronto, Ontario, also issued today, the Commission is asking for comments on the most appropriate next steps should access continue to be denied. This will allow the Commission to develop a record in a timely manner should its intervention be required. However, given the progress in negotiations, the Commission assures the parties that it does not intend to make any decisions with respect to the matters outlined in that Notice of Consultation for 60 days following publication in order to allow time for a negotiated solution to be found;
- RCCI is reminded that it must file a report with the Commission within 24 hours of being granted access;
- Parties are expected to continue to negotiate in good faith, and;
- Both parties are reminded that they can file a request for staff-assisted mediation with the Commission. Commission staff is willing to conduct staff-assisted mediation between RCCI and Lixo in the event that such a formal request is made and both parties agree to mediation.
Sincerely,
Original signed by
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
Philippe Nadeau, CRTC, Philippe.Nadeau@CRTC.gc.ca
- Date modified: