Search

Telecom - Staff Letter addressed to Various Parties Interested

Ottawa, 7 February 2023

Our reference: 8622-C143-202209262, 8622-C143-202209254, 8622-C143-202209246

BY EMAIL

CIK Telecom Inc.
jordan.d@ciktel.com

Tacit Law
regulatory@tacitlaw.com

Lesperance, Mendes Lawyers
kaw@lmlaw.ca

Bleay Both Uppal LLP
kuppal@bbulaw.ca

Subject: Suspension of CIK Telecom’s MDU access Part 1 application processes

On 5 December 2022, Commission staff suspended, 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

Commission staff, in order to assist the Commission in assessing the status of good faith negotiations between the parties, required all parties to provide reports of their negotiations on the following dates: 20 December 2022, 10 January 2023, and 24 January 2023.

Since the suspension of the Part 1 applications, CIK Telecom Inc. (CIK) has withdrawn the Part 1 application for Timely access to BCS 2884, indicating that an agreement for access has been executed by the parties.

In addition, the reports provided by the parties indicated that:

Commission staff notes that all parties appear to be negotiating in good faith and seem to be progressing towards an access agreement, albeit at different paces.  

Commission staff reminds parties that according to the MDU access condition, pursuant to section 24 of the Telecommunications Act, the provision of telecommunications service by a carrier in an MDU is 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.

In an effort to ensure that access consistent with the MDU access condition is granted on a timely basis, while acknowledging the recent progress parties have made in negotiation, Commission staff requests that all parties continue their efforts towards a negotiated agreement for access and further report their progress, as of that date, on 28 February 2023. At that point, we will review the appropriateness of the suspension of the three part 1 processes and whether the Part 1s should be reinitiated in order for the Commission to rule on the access disputes.

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.

Yours sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation

c.c.:

Simon Lapointe, CRTC, 873-354-1763, simon.lapointe@crtc.gc.ca,
First Service Residential : info.bc@fsresidential.com

Date modified: