Telecom - Secretary General Letter addressed to the Distribution List

Ottawa, 11 April 2023

Our reference: 8622-G103-202301034

BY EMAIL

Distribution List

Subject: Globalive Part 1 application regarding wholesale roaming rates

Globalive Inc. (Globalive) filed a Part 1 application, dated 23 February 2023, seeking three remedies related to wholesale domestic roaming rates. Specifically, Globalive requested that the Commission:

  1. issue an order making the current wholesale domestic roaming tariff rates interim with a potential for retroactive adjustment to the date the tariffs became interim;
  2. require Bell Mobility Inc. (Bell), Rogers Communications Canada Inc. (Rogers) and Telus Communications Inc. (TELUS) (collectively “the national wireless carriers”) to file updated cost studies in support of the tariffed rates for wholesale domestic roaming and proposed new tariffed rates; and
  3. open an investigation into Rogers’ proposed wholesale domestic roaming arrangements with Quebecor Medial Inc., on behalf of its subsidiary Videotron Ltd. (Videotron), to determine if the rates constitute an undue preference contrary to section 27(2) of the Telecommunications Act.

The Commission considers that the first two remedies sought by Globalive in its application are duplicative of issues currently before the Commission in an ongoing proceeding. On 19 May 2022, the Commission received a joint Part 1 application from Bragg Communications Inc., carrying on business as Eastlink (Eastlink), Cogeco Communications Inc., on behalf of its subsidiary Cogeco Connexion Inc. (Cogeco), Videotron, and Xplornet Communications Inc. and Xplore Mobile Inc. (collectively “the wireless competitors”) requesting that the Commission:

  1. initiate a comprehensive review of the wholesale roaming tariff rates of the national wireless carriers;
  2. state its intent to consider a mechanism whereby any newly approved wholesale roaming rates will decline on an annual basis thereafter; and
  3. immediately declare all the wholesale roaming tariff rates of the national wireless carriers to be interim rates.

Globalive’s requests for interim rates and for cost studies and revised rates to be filed by the national wireless carriers are thus already being examined by the Commission as part of the wireless competitors’ application, which raises these same issues. Examining a duplicative application is an inefficient use of time and resources, not only for the Commission but also for all interested parties that may intervene. This is particularly the case at this time when most of the parties that would participate in such a matter are already participating in multiple Commission proceedings and are therefore already limited in resources.

The Commission notes that Globalive did not file an intervention in response to the wireless competitors’ application. Further, Globalive received a copy of a Commission staff letter addressing requests for information to parties and establishing additional process for the wireless competitors’ application and has therefore had the opportunity to seek to participate in that further process. To allow a party to file an application that duplicates relief sought in an ongoing proceeding would allow that party to choose not to, or neglect to, participate as an intervener in a process and to instead file a new application. Such an outcome would not serve the public interest in terms of ensuring timely and efficient regulation.

The third order sought by Globalive – to open an investigation into Rogers’ proposed wholesale domestic roaming arrangements with Videotron to determine if the rates constitute an undue preference contrary to section 27(2) of the Telecommunications Act – does not specifically duplicate issues already being considered by the Commission. The Commission considers, however, that it would not be appropriate to allow the existing application to remain open for comment only in respect of one issue raised in the application. This could cause confusion among parties interested in the issues. A more transparent and efficient approach would be for Globalive to file a new application focused only on this third issue and/or other non-duplicative issues. Accordingly, the Commission dismisses Globalive’s application as filed.

Yours sincerely,

Original signed by

Claude Doucet
Secretary General

c.c.:   Philippe Kent, CRTC, philippe.kent@crtc.gc.ca  
Jeremy Lendvay, CRTC, jeremy.lendvay@crtc.gc.ca

Distribution List

simonlockie@globalive.com
xplornet.legal@corp.xplornet.com  
kgugan@corp.fibernetics.ca
simon.desrochers@cogeco.com
stephen.scofich@tbaytel.com
michael.bond@starsolutions.com
asilverman@gogoair.com
bell.regulatory@bell.ca
SXu@FreedomMobile.ca
jmandala@globalstar.ca  
david.lewis@terrestar.ca
lhallahan@mornington.ca
Lawry.trevor@tnwcorp.com
reglementaire@sogetel.com
regulatory@rci.rogers.com
document.control@sasktel.com
regulatory@hurontel.on.ca
mscott@vocom.com
alex.shantz@cwct.ca
Regulatory.Finance@sjrb.ca
melanie.cardin@quebecor.com
regulatory@ssimicro.com
pande@atmacinta.com
martha.facey@execulinktelecom.ca
eric@ambra.co
regulatory@iristel.com
regulatory@quadro.net
clayton@mnsi.net
geoff@brooketel.coop
ted.price@spacex.com
kelly.michalak@xplore.ca
shane@seaside.ns.ca
regulatory.affairs@telus.com
regulatory@wightman.ca
a.lawrence@hay.net
regulatory.Matters@corp.eastlink.ca
rey.sonico@telus.com
rdo@provtel.com
jordan.d@ciktel.com
melanie.cardin@quebecor.com
aleks.milojkovic@amvantage.com

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