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Telecom - Staff Letter addressed to Distribution List

Ottawa, 15 February 2023

Our reference: 8622-R28-202004365

BY EMAIL

Distribution List

Subject: Rogers Part 1 application – Provision of access to poles owned by NB Power – Issuance of Telecom Regulatory Policy 2023-31

Pamela Dinsmore,

On 17 July 2020, Rogers filed a Part 1 Application (the “Application”) with the Commission requesting an order prescribing the role of Bell Canada and its Bell Aliant division in the provision of access to poles used by NB Power. Issues raised by Rogers included joint-use pole arrangements between an incumbent local exchange carrier and an electrical utility company, and issues concerning small-cell attachment applications.

On 12 August 2020, the Commission responded to Rogers’ letter noting that Rogers’ concerns in the Application were being examined by the Commission during the proceeding raised by Telecom Notice of Consultation 2019-406, Call for comments regarding potential barriers to the deployment of broadband-capable networks in underserved areas in Canada (TNC 2019-406), and thus put the Application on hold.

Further to TNC 2019-406, on 30 October 2020, the Commission published Telecom Notice of Consultation 2020-366, Call for comments regarding potential regulatory measures to make access to poles owned by Canadian carriers more efficient (TNC 2020-366). TNC 2020-366 sought comments on potential regulatory measures that could facilitate access to poles owned by Canadian carriers more efficient, including poles under joint-use agreements. This consultation resulted in the Commission publishing Telecom Regulatory Policy 2023-31, Regulatory measures to make access to poles owned or controlled by Canadian carriers more efficient (TRP 2023-31), on February 15th, 2023.

In TRP 2023-31, the Commission made a number of determinations applying to poles under joint-use agreements that may address the issues raised by the applicant. For instance, the Commission established specific timelines applying to each step of the pole access permitting process. The Commission also determined that its determinations apply to joint-use poles, including those owned partially or wholly by the ILECs, and that many of the determinations apply to poles that are not owned by ILECs, but on which they exercise control or manage.

With regards to small-cell attachment applications, the Commission indicated in TRP 2023-31 that it intends to launch a proceeding to comprehensively address the issue of the placement of wireless facilities, including small cells, on ILECs’ support structures.

In light of the fact that Rogers’ concerns raised in its Application may be substantially addressed by the determinations set out in TRP 2023-31 and by the upcoming proceeding on the placement of wireless facilities on ILECs’ support structures, Rogers is to inform the Commission, by way of a letter, whether the Company wishes to withdraw or amend its Application.

Yours sincerely,

Original signed by

Lisanne Legros
Telecommunications Networks Policy

c.c.:

Valérie Sicard, CRTC, 819-953-5467, valerie.sicard@crtc.gc.ca
Bell Canada, bell.regulatory@bell.ca

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