Telecom - Staff Letter addressed to Sat D. Harwood (Lesperance Mendes Lawyers)

Ottawa, 13 June 2023

Our reference: 8622-C143-202209246

BY EMAIL

Sat D. Harwood, counsel for EPS 757
Lesperance Mendes Lawyers
550 – 900 Howe Street
Vancouver, BC V6Z 2M4
sdh@lmlaw.ca

Subject: Part 1 Application by CIK Telecom Inc. Requesting Non-Discriminatory and Timely Access on Reasonable Terms and Conditions to the Multi-Dwelling Unit Buildings Administered by Strata Corporation EPS 757 – Request for Information

Dear recipients,

The Canadian Radio-Television and Telecommunications Commission (CRTC) is an administrative tribunal responsible for the administration of the Telecommunications Act (the Act), including policies that encourage competition in the telecommunications sector and maximize Canadians’ choice of telecommunications service providers (TSP).

The Commission is presently considering the above-referenced Part 1 application, filed by CIK Telecom Inc. (CIK). In this application, CIK is requesting access to two multi-dwelling unit (MDU) buildings, located at 6888 Cooney Road and 8333 Anderson Road in Richmond, British Columbia (“the MDUs”), in order to install its own fibre facilities and provide telecommunications and broadcasting distribution services to the residents.

Section 37^Footnote1 of the Act provides that the Commission may require Canadian carriers or any person to file information or documents that the Commission considers necessary for the administration of that Act. As part of its consideration of CIK’s above-noted application, the Commission is sending this request for information (RFI) to gather additional information about TSP equipment installed and services being provided to the residents of, the MDUs. The deadlines for responding to this RFI are as follows:

EPS 757 is requested to provide a response to the attached questions by 19 June 2023.

The Strata Corporation EPS 757 (“EPS 757”) is reminded that, in order to comply with the Act, they must respond within the prescribed timeline by providing complete responses to each question in this RFI. In such case where no complete response is received, the Commission may consider enforcement action, including the imposition of administrative monetary penalties (AMPs).^Footnote2 In addition, pursuant to section 72.16 of the Act, recipients are reminded that they are liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority.

EPS 757 is also reminded that their responses are required to be submitted electronically, and in full compliance with the applicable provisions of the CRTC Rules of Practice and Procedure. Your responses will become part of the public record and will be posted on the CRTC website. Section 39 of the Act and Broadcasting and Telecom Information Bulletin CRTC 2010-961 provide that persons may designate certain information submitted to the Commission as confidential. A detailed explanation of 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 its disclosure.

If you file a document containing confidential information, an abridged version of the document omitting only the confidential information must also be filed with the Commission; alternatively, reasons why an abridged version cannot be filed must be provided. Only the abridged version of the document will become part of the public record and will be posted on the CRTC website.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Yang Jiang, CRTC (yang.jiang@crtc.gc.ca)
Jordan Deng, CIK Telecom (jordan.d@ciktel.com)
Tacit Law (regulatory@tacitlaw.com)

Attach. (1)

Request for Information (RFI)

To EPS 757:

Provide a list of all other TSPs that have been granted access into the MDUs to install their telecommunications equipment or that provide telecommunications services in the MDUs.
Provide a copy of all agreements concluded between any TSP(s) and EPS 757, which provide the TSP(s) access to the MDUs, for the purpose of installing their equipment and providing telecommunications services to the residents.

Footnotes

Footnote 1

Section 37 of the Act states that the Commission may require a Canadian carrier to adopt any method of identifying the costs of providing telecommunications services and to adopt any accounting method or system of accounts for the purposes of the administration of this Act; or to submit to the Commission, in periodic reports or in such other form and manner as the Commission specifies, any information that the Commission considers necessary for the administration of this Act or any special Act.

Return to footnote 1 referrer

Footnote 2

Section 72.001 of the Act states that every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable (a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or (b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000.

Return to footnote 2 referrer

Date modified:: 2023-06-13

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Telecom - Staff Letter addressed to Sat D. Harwood (Lesperance Mendes Lawyers)

Request for Information (RFI)