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Telecom - Commission Letter addressed to Benjamin LaHaise (Community Fibre Company Inc.)

Ottawa, 9 November 2022

Our reference: 8690-C304-202208529

BY EMAIL

Benjamin LaHaise
President, Community Fibre Company Inc.
1167 Sixth Concession A Dalhousie
Lanark, ON  K0G 1K0
ben@communityfibre.ca

Subject: Community Fibre Company Part 1 Application for consent to place a new pole, strand and anchors in Franktown, Ontario part of Beckwith Township

Dear Benjamin LaHaise:

On 23 August 2022, the Commission received an application from Community Fibre Company Inc. (CFC), requesting that the Commission:

  1. Exercise its powers under subsection 43(4) of the Telecommunications Act (the Act), to grant consent to CFC to place a new telephone pole with associated strand and anchors in Franktown, Ontario in the Township of Beckwith (Beckwith) immediately, so that the design and construction of CFC’s fibre optic network in Franktown can proceed by 15 September 2022;
  2. Grant consent to install anchors, as needed, to support the installation of new strand on existing poles in and around other locations within Beckwith;
  3. Order Beckwith to promptly review and approve future municipal consent requests made by CFC for use of public rights-of-way that Canadian carriers are permitted to make use of under the Act;
  4. Order Beckwith to enter into a municipal access agreement (MAA) in the form approved by the Commission in previous proceedings regarding the MAA framework, and;
  5. Begin a proceeding to review Beckwith’s actions with respect to demanding a liability waiver for buried fibre in conduit on Crooked Side Road and to determine if issuing an Administrative Monetary Penalty (AMP) would be appropriate.

Paragraph 28(1)(a)of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may request parties to file information or documents where needed. Section 37 of the Act also empowers the Commission to request information from Canadian carriers.

CFC is requested to provide the documents and information requested in the attachment below by 14 November 2022.

Beckwith and the Public Interest Advocacy Centre (PIAC) may file an intervention on any new information provided by CFC in its response with the Commission by 21 November 2022. CFC may file reply comments by 25 November 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, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.:  Cassandra McGregor, Township of Beckwith, cmcgregor@twp.beckwith.on.ca
John Lawford, PIAC, jlawford@piac.ca
Rudy Rab, CRTC, rudy.rab@crtc.gc.ca

Attach. (1)

Request for information

  1. Provide a copy of the emails referenced in footnotes 1 and 2 of CFC’s application.
  2. Advise whether CFC has—as suggested by Beckwith in its answer to CFC’s application dated 13 October 2022—met with Beckwith’s Public Works Superintendent to confirm the location in Franktown for the placement of the new telephone pole (with associated strand and anchors). If so, provide details.
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