Telecom - Staff Letter addressed to Carol Ho (TELUS Communications Inc.)
Ottawa, 5 May 2023
Our reference: 8740-T66-202300177
BY EMAIL
Carol Ho
TELUS Communications Inc.
510 West Georgia St, 7th floor
Vancouver, British Columbia, V6B 0M3
carol.ho@telus.com
Subject: TELUS Communications Inc. (TCI) – Tariff Notice (TN) 576 – Amendment to Support Structure Service – Requests for information
Dear Carol Ho:
On 16 January 2023, the Commission received an application from TCI proposing changes to its General Tariff, CRTC 21461, Item 404, Support Structure Service.
The Commission received interventions from Rogers Communications Canada Inc. (Rogers) and Shaw Cablesystems G.P. (Shaw), who filed jointly, and the Province of British Columbia, as represented by the Minister of Transportation and Infrastructure (MOTI), in relation to these tariff notice applications. On 27 February 2023 TCI filed reply comments.
Paragraph 28(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may require parties to file information or documents where needed. Commission staff considers that additional information is required from TCI in order to obtain a full and complete record.
As such, TCI is requested to provide comprehensive answers, including rationale and any supporting information, to the attached request for information by 12 May 2023.On receipt of the company responses, Rogers, Shaw and MOTI may file comments by 19 May 2023. TCI may reply comments by 25 May 2023.
Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.
The Commission requires the response or other documents to be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling the “Telecom Cover Page” located on this webpage.
A copy of this letter and all related correspondence will be added to the public record of the proceeding.
As set out in section 39 of the Telecommunications 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 person designating information as confidential must provide a detailed explanation on why the designated information is confidential and why its disclosure would not be in the public interest, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest in disclosure. Furthermore, a person designating information as confidential must either file an abridged version of the document omitting only the information designated as confidential or provide reasons why an abridged version cannot be filed.
Copies of the document should also be sent to julie.boisvert@crtc.gc.ca and interveners.
Yours sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Julie Boisvert, CRTC, 819-953-2421, julie.boisvert@crtc.gc.ca
Pamela Dinsmore, Rogers Communications Canada Inc., pam.dinsmore@rci.rogers.com
Chris Ewasiuk, Shaw Communications Inc., Christopher.Ewasiuk2@sjrb.ca
Kevin Contzen, British Columbia Ministry of Attorney General, kevin.contzen@gov.bc.ca
Attach (1)
Requests for information
- Comment on the proposed changes (in bold and italic) below. You may propose different wording that ensures that compensation flows from TCI to the Licensee in the event that TCI is compensated for relocation of transmission lines when the Licensee is not:
Notwithstanding the above, for Licensee’s Facilities placed on Company poles, effective 15 February 2023, the Licensee shall have ninety (90) days to reach an agreement with the public authority forcing a relocation. Such agreement shall determine what the parties deem as fair compensation for the relocation of Licensee’s Facilities taking into account the relocation factors detailed in Telecom Decision CRTC 2001-23. In the event the Licensee and the public authority are unable to reach an agreement within ninety (90) days, the Licensee may refer this dispute to the Commission either through CRTC-assisted mediation as detailed in Broadcasting and Telecom Information Bulletin CRTC 2019-184, or as a Part 1 application pursuant to the CRTC Rules of Practice and Procedure. In the interim, in the event that the Company is being compensated by the party requesting a relocation for the relocation of the Company’s Facilities, and the Licensee is not, the Company shall compensate the Licensee for a fair portion (i.e., such that both the Company and the Licensee are compensated at the same rate per sheath metre of transmission lines relocated) of the Licensee’s relocation costs, in order that neither the Company nor the Licensee are advantaged over the other. The Company is responsible for seeking recompense from the party requesting the relocation to recoup any payments made to the Licensee, once an agreement is reached between the Licensee and the party requesting the relocation.
- Provide rationale for choosing to allow 90 days rather than another period of time for Licensees to reach an agreement.
- Indicate how property owners can determine or verify the licensees, their contact information and their facilities on TCI poles at the applicable times.
- Date modified: