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Telecom - Staff Letter addressed to Various Parties

Ottawa, 31 August 2023

Our reference: 8622-C143-202303717

VIA EMAIL

Jordan Deng, CEO
CIK Telecom Inc.
241 Whitehall Dr.
Markham ON L3R 5G5
jordan.d@ciktel.com

Andrew Wong
Designated representative for Strata Corporation LMS 930
Strata Council LMS 930 - Laguna
laguna.lms930@gmail.com

Walter Lam
Property Manager
Dorset Realty Group
#215 – 10451 Shellbridge Way
Richmond, B.C. V6X 2W8
general@dorsetrealty.com

Subject: Temporary suspension of CIK Telecom’s MDU access Part 1 application process regarding Strata Corporation LMS 930 for the purpose of negotiations between parties

On 13 June 2023, the Canadian Radio-television and Telecommunications Commission (CRTC or Commission) received a Part 1 application from CIK Telecom Inc. (CIK) requesting non-discriminatory and timely access on reasonable terms and conditions to the Strata Corporation LMS 930 (LMS 930) multiple dwelling unit (MDU).

On 31 July 2023, CIK filed a reply with the Commission stating that LMS 930 had informed CIK that it had requested staff-assisted mediation to resolve the dispute raised in the above-noted application, but that LMS 930 has not indicated a willingness to negotiate reasonable terms and conditions with respect to CIK’s access to the MDU.

Commission staff, however, considers that the fact that LMS 930 has appointed a member of the Strata Council as its designated representative for the mediation process indicates that LMS 930 is, in fact, open to discussions. Staff also notes that the Commission generally expects parties to a dispute to have made reasonable efforts to resolve the dispute and to have exhausted all other methods of dispute resolution, i.e. negotiations, before intervening.

In its application, CIK also referred to past positive outcomes when it participated in a modified process that temporarily suspended the Part 1 application to provide for a period of good faith negotiations between parties, with bi-weekly reporting requirements.

Accordingly, Commission staff is hereby temporarily suspending, for the express purpose of parties carrying negotiations in good faith, the following Part 1 Process:

According to the MDU access condition, pursuant to section 24 of the Telecommunications Act (the Act), the Commission requires that the provision of telecommunications service by a carrier in an MDU be subject to the condition that all carriers wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities or their own facilities, at their choice, under reasonable terms and conditions. The MDU access condition was reaffirmed in multiple decisions since it was first established in 2003.

The achievement of reasonable terms and conditions consistent with the MDU access condition requires open and respectful exchanges between the parties. Commission staff is therefore allowing a period of time for both CIK and LMS 930 to negotiate in good faith towards the achievement of an access agreement.Footnote1 To this effect, several guidelines for just and expedient conditions of access to MDUs can be found under Paragraphs 143 to 172 of Telecom Decision CRTC 2003-45.

Subsection 37(2)Footnote2 of the Act provides that the Commission may require any person, including property owners and managers, to file information or documents that the Commission considers necessary for administration of the Act.

Accordingly, in order to assist the Commission in assessing the progress of negotiations and to ensure parties are proceeding in good faith, both CIK and LMS 930 are required by Commission staff to provide a triweekly report of their ongoing negotiations on the following dates: 21 September 2023, and 12 October 2023. Following this 6 week negotiation period and in the case where negotiations do no result in an agreement for access between the parties, Commission staff will assess the appropriateness of reinstating the Part 1 application and staff-assisted mediation. Parties are invited, in their last bi-weekly report, to comment on the appropriateness of maintaining the suspension or to indicate their willingness to participate in staff-assisted mediation.

Please note 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

In the event that any of the periodical reports required by Commission staff contains sensitive information, 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 of Dispute Resolution and Regulatory Implementation
Telecommunications Sector, CRTC

c.c.:   Joel Beaupre, CRTC,  joel.beaupre@crtc.gc.ca
Tacit Law, regulatory@tacitlaw.com

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