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Telecom - Procedural Letter addressed to Various Parties Interested

Ottawa, 5 December 2022

Our References: 8622-C143-202209113 - 8622-C143-202209262 - 8622-C143-202209254 - 8622-C143-202209246

BY EMAIL

CIK Telecom Inc.
Jordan Deng, CEO
241 Whitehall Dr. Markham                                      
Ontario V6Y 2B1
Suite 33, 70 Yorkville Avenue
Toronto, Ontario M5R 1B9
jordan.d@ciktel.com

Clifton Jang
President, Strata Council BCS2884
cliftonbcs2884@hotmail.com

First Service Residential
Alex.Harrison@fsresidential.com
john.poon@fsresidential.com
Francois.Beauchemin@fsresidential.com
gunjan.kumari@fsresidential.com
info.bc@fsresidential.com

Re:Suspension of CIK Telecom’s four MDU access Part 1 application processes for the purpose of negotiations between parties

On 30 November 2022, Commission staff received information regarding the possibility of a negotiated solution between parties regarding access by CIK Telecom Inc. (CIK) to several Multiple Dwelling Units (MDU) for the purposes of installing telecommunications equipment.

As an administrative tribunal, the Commission is master of its own process. It therefore has the flexibility to modify its process in response to requests or on its own initiative Footnote1 in considerations of public interest.

In response to this information received from First Service Residential and/or the Strata corporations in charge of the MDUs for which CIK seeks access to, Commission staff is hereby suspending, for the express purpose of parties carrying negotiations in good faith, the following four Part 1 Processes: 

  1. TEL 8622-C143-202209113, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 2884
  2. TEL 8622-C143-202209262, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 3157
  3. TEL 8622-C143-202209254, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 2497
  4. TEL 8622-C143-202209246, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to EPS 757

According to the MDU access condition, pursuant to section 24 of the Telecommunications Act, the Commission requires that the provision of telecommunications service by a carrier in an MDU be subject to the condition that all carriers wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities or their own facilities, at their choice, under reasonable terms and conditions. The MDU access condition was reaffirmed in multiple decisions since it was first established in 2003.

The achievement of reasonable terms and conditions consistent with the MDU access condition requires open and respectful exchanges between the parties. Commission staff is therefore allowing a period of time for both CIK and First Service Residential and/or the Strata corporations to negotiate in good faith towards the achievement of an access agreement. Footnote2 To this effect, several guidelines for just and expedient conditions of access to MDUs can be found under Paragraphs 143 to 172 of Telecom Decision CRTC 2003-45.

Subsection 37(2) Footnote3 of the Telecommunications Act (the Act)provides that the Commission may require any person, including property owners and managers, to file information or documents that the Commission considers necessary for administration of the Act.

Accordingly, in order to assist the Commission in assessing the status of good faith negotiations between the parties, both CIK and First Service Residential and/or the Strata corporations are required by Commission staff to provide a bi-weekly report of their ongoing negotiations on the following dates: 20 December 2022, 10 January 2023, and 24 January 2023.

In the event that any of the periodical reports required by Commission staff contains sensitive information, 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.:  Simon Lapointe, CRTC, 873-354-1763, simon.lapointe@crtc.gc.ca

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