Telecom - Commission Letter addressed to Pam Dinsmore (Rogers Communications Canada Inc.)

Ottawa, 25 November 2022

Our reference: 1011-NOC2022-0268

BY EMAIL AND COURIER

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 intervention filed under NOC 2022-268 and Lixo’s October 17th proposal to Rogers for access to 70 Yorkville

On 17 October and 31 October 2022, Lixo Investments Ltd. (Lixo) filed both an intervention and a reply, respectively, in response to Telecom Notice of Consultation 2022-268 (NOC 2022-268), in which it identified that an offer for access to the multi-dwelling unit located at 70 Yorkville Avenue, Toronto, Ontario (70 Yorkville) was sent to Rogers Communications Canada Inc. (RCCI). 

Lixo further stated that their proposal represents access under reasonable terms and conditions to 70 Yorkville, but that as of 31 October 2022, RCCI had not acted upon Lixo’s proposal.

Paragraph 37(1)(b) of the Telecommunications Act (the Act) provides that the Commission may require Canadian carriers to file information or documents that it considers necessary for administration of that Act.  In order to assist in assessing the issues raised in NOC 2022-268, RCCI is required by Commission staff to provide a response to the attached questions by 2 December 2022, serving its response to Lixo by this specified deadline.

Lixo may comment on the information in RCCI’s response as appropriate by 7 December 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.:     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
Bram Abramson, bram@32M.io
Simon Lapointe, CRTC,  simon.lapointe@crtc.gc.ca

Attach. (1)

Request for Information

According to Lixo’s intervention and reply, on 17 October 2022, Lixo communicated to RCCI a proposal to ‘’facilitate Rogers’ entry, for the purposes of complying with TD 2022-148, in three phases’’, namely an immediate entry offer under certain conditions^Footnote1, a first year access agreement, and their intention to further negotiate a long term access agreement following the initial agreement period.

1. As per paragraph 72 of Telecom Decision CRTC 2022-148, RCCI has been directed by the Commission to file a report with the Commission within 24 hours of having been granted access under reasonable terms and conditions to 70 Yorkville Avenue. Given that Lixo has purportedly provided a proposed access agreement to RCCI for access to 70 Yorkville in order to repair its facilities and equipment, does RCCI consider that access has been, or will soon be, granted consistent with Telecom Decision 2022-148, and if not, please provide a detailed explanation why?
2. Concerning Lixo’s proposal for immediate access, indicate whether RCCI has accepted, or intends to accept, Lixo’s offer to access the building for the purposes of installing, operating, repairing, maintaining, and replacing transmission facilities and ancillary telecommunications equipment.
   1. If RCCI has accepted Lixo’s offer, indicate when RCCI first entered, or will first enter, the building at
      70 Yorkville for the above purposes, and when RCCI expects to have completed its repairs.
   2. If RCCI has not accepted Lixo’s immediate access proposal to date, provide the reasons why.

3. Provide RCCI’s interpretation of and response to the two other phases proposed in Lixo’s 17 October 2022 access proposal.
   1. Indicate the specific conditions of the access agreement proposed by Lixo that RCCI finds unreasonable, if any.

4. Provide a complete update regarding ongoing negotiations with Lixo related to the access to 70 Yorkville, including in relation to the above-mentioned Lixo proposals.

Date modified:

2022-11-25