Telecom - Staff Letter addressed to Various Parties
Ottawa, 10 March 2023
Our reference: 8622-C143-202209262 - 8622-C143-202209254 - 8622-C143-202209246
BY EMAIL
CIK Telecom Inc.
Jordan Deng, PDG
241 Whitehall Dr. Markham
Ontario V6Y 2B1
Suite 33, 70 Yorkville Avenue
Toronto, Ontario M5R 1B9
jordan.d@ciktel.com
Kimberly A. Webber
Lawyer – Lesperance Mendes Lawyers
550 – 900 Howe Street
Vancouver, BC V6Z 2M4
kaw@lmlaw.ca
Kathrine Uppal
Partenaire – Bleay Both Uppal LLP
1700 - 1185 W. Georgia St.
Vancouver B.C. V6E 4E6
kuppal@bbulaw.ca
Subject: Reinstatement of CIK Telecom’s MDU access Part 1 application
On 5 December 2022, Commission staff suspended, for the express purpose of parties carrying negotiations in good faith, the following four Part 1 Processes:
- TEL 8622-C143-202209113, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 2884
- TEL 8622-C143-202209262, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 3157
- TEL 8622-C143-202209254, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 2497
- 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 also requested both CIK Telecom Inc. (CIK) and First Service Residential and/or the Strata corporations to report on their ongoing negotiations on the following dates: 20 December 2022, 10 January 2023, and 24 January 2023.
The Commission later received information regarding the execution of a formal agreement regarding access by CIK to BCS 2884’s Multiple Dwelling Units (MDU) for the purposes of installing telecommunications equipment. CIK submitted a request to withdraw their part 1 application file number 8622-C143-202209113 and this file was closed.
Following the reception of the 20 December 2022, 10 January 2023, and 24 January 2023 reports, Commissions staff requested parties to continue their negotiations until 28 February 2023 and report as to the final state of their advancement.
After reviewing the reports from the parties over the negotiation period, Commission staff is not satisfied that sufficient advancement has been made towards an agreement or to allow CIK timely access to the MDUs owned and operated by BCS 3157, BCS 2497 and EPS 757. Consequently, the following three part 1 process are hereby reinstated for adjudication by the Commission:
- TEL 8622-C143-202209262, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 3157
- TEL 8622-C143-202209254, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to BCS 2497
- TEL 8622-C143-202209246, Application of CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to EPS 757
Prior to making a determination on the issues raised in these applications, the Commission seeks interventions from all parties who wish to make their positions on the matter known.
BCS 3157, BCS 2497, EPS 757, their representatives, as well as any other interested persons are encouraged to submit interventions in relation to each of the above applications, in writing, through the CRTC’s website. The deadline to do so is 31 March 2023. CIK will then be allowed to reply to these interventions by 14 April 2023.
Commission staff seeks to remind all parties that a CRTC determination is not the only possible outcome of a Part 1 application. CIK, BCS 3157, BCS 2497 and EPS 757 are encouraged to continue discussions and find a mutually agreeable solution consistent with the Commission’s MDU access condition (For reference, see paragraphs 141 to 172 of TD 2003-45). A Part 1 application can be suspended or withdrawn as long as the Commission has not yet published a decision.
Please note that there are a variety of mechanisms, such as staff assisted mediation, available from the Commission to assist parties in resolving disputes related to telecommunications issues. These mechanisms are detailed in Broadcasting and Telecommunications Information Bulletin CRTC 2019-184.
In responding to an application or submitting an intervention please note:
Submissions to the CRTC must be filed in accordance with the procedures set out on the CRTC website, including ensuring that all correspondence is addressed to the Secretary General (Mr. Claude Doucet). All documents must be submitted no later than 5:00 p.m. (PST) (8:00 p.m. EST) on the deadline date. Interventions are placed on the public record of the proceeding.
In addition to filing their response with the CRTC, BCS 3157, BCS 2497 and EPS 757 are required to serve a copy of their response directly on CIK as the applicant.
Documents filed with the CRTC must be submitted electronically, via My CRTC Account. If you have not yet obtained a My CRTC Account, please call 1-866-893-0932 between the hours of 4 a.m. - 2 p.m. (PST) to obtain an activation code and a GC Key in advance of the submission deadlines. Please also call this number to obtain any required support when filing documents with the CRTC. The following link will take you to the page on the CRTC’s website containing instructions for obtaining a My CRTC Account, as well as instructions for filing documents:
Submitting applications and other documents to the CRTC using My CRTC Account | CRTC
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
Telecommunications Sector, CRTC
c.c.: Simon Lapointe, CRTC, 873-354-1763, simon.lapointe@crtc.gc.ca
First Service Residential: john.poon@fsresidential.com, Francois.Beauchemin@fsresidential.com,
gunjan.kumari@fsresidential.com; info.bc@fsresidential.com
- Date modified: