Telecom - Secretary General Letter addressed to Dean Shaikh (Shaw Communications)
Ottawa, 8 March 2023
Reference(s): 8661-S83-202003193
BY EMAIL
Mr. Dean Shaikh
Vice President Regulatory Affairs
Shaw Communications
40 Elgin Street, Suite 1400
Ottawa, ON K1P 5K6
dean.shaikh@sjrb.ca
Re: Shaw Part 1 Application – Request for Immediate Interim Relief from the Speed-Matching Requirement as it applies to Shaw’s Gigabit Residential Internet Service Speeds
The Commission received a Part 1 Application, dated 27 May 2020, from Shaw Cablesystems G.P. and Shaw Telecom G.P. (together, Shaw) requesting interim relief from the speed-matching requirement for Shaw’s 1 Gig Service pending the Commission’s (1) completion of its rate-setting methodology review and a planned review of wholesale wireline services, and (2) elimination of asymmetrical wholesale high-speed access (HSA) obligations between Shaw and incumbent local exchange carriers (ILECs) in the servicing areas in which Shaw operates.
Within its application, Shaw raised various concerns, including the symmetrical application of the Commission’s wholesale HSA obligations, notably regarding how ILECs’ fibre-to-the-premises (FTTP) services enjoy a “regulatory holiday” from mandated HSA requirements. Shaw argued that by withdrawing the speed matching requirement the competitive considerations within their respective market segment would be protected.
The Commission received interventions from British Columbia Broadband Association, Bell Canada, Rogers Communications Canada Inc., Bragg Communications Inc., carrying on Business as Eastlink, the Competitive Network Operators of Canada, Distributel Communications Limited, Cogeco Communications Inc., and TekSavvy Solutions Inc.
In Telecom Notice of Consultation CRTC 2023-56 the Commission initiated a comprehensive review of the wholesale HSA framework in order to ensure that it continues to facilitate sustainable competition that provides reasonable prices and innovative services to consumers. As part of this review, the Commission indicated that it would address competitor access to incumbent FTTP facilities as a priority. Moreover, the Commission sought comments on issues associated with regulatory asymmetry and the equitable application of the Commission’s wholesale HSA framework.
The Commission considers that there would be significant overlap between the issues raised within the application and the aforementioned Notice of Consultation. As a result, the Commission will close this Part 1 Application and invites Shaw, along with other interested persons and parties, to participate in Telecom Notice of Consultation CRTC 2023-56 to ensure that their ongoing competitive concerns are raised.
With respect to the 2023 Policy Direction, the Commission considers that addressing the concerns raised by Shaw holistically in the context of other interrelated issues within the Telecom Notice of Consultation CRTC 2023-56 proceeding rather than separately on its own will fulfill the principle of effective regulation as set out in section 4, which indicates that the Commission should ensure the measures it imposes through its decisions are efficient and proportionate to their purpose. It will also ensure that the Commission’s proceedings are transparent, predictable and coherent, consistent with section 3 of the Policy Direction.
Yours sincerely,
Original signed by
Claude Doucet
Secretary General
Distribution List:
regulatory@bcba.ca
bell.regulatory@bell.ca
regulatory@rci.rogers.com
regulatory.matters@corp.eastlink.ca
regulatory@cnoc.ca
chris.hickey@distributel.ca
leonard.eichel@cogeco.com
regulatory@teksavvy.ca
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