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Telecom - Staff Letter addressed to various parties

Ottawa, 27 September 2023

Our reference: 8622-C143-202303725

VIA EMAIL

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

John Sharkey
Dwell Property Management
Property Manager for Strata Corporation LMS 818
8880 Jones Road, Richmond BC V6Y 3Z1
john.sharkey@dwellproperty.ca

Distribution List

Subject:Part 1 Application by CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to LMS 818 — 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 markets to ensure that Canadians have a choice of telecommunications service provider (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 the multi-dwelling unit located at 8880 Jones Road in Richmond, British Columbia (the MDU), in order to install its equipment and provide telecommunications services to residents.

Section 37 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, Commission staff is sending this request for information (RFI) to gather additional information about TSP equipment installed and services being provided to the residents in the MDU. The deadlines for responding to this RFI are as follows:

Recipients are reminded that, in order to comply with the Act, they must respond within the above-specified timelines by providing complete responses to each question in this RFI. In such a case where no complete response is received, the Commission may consider enforcement action, including the imposition of administrative monetary penalties (AMPs).Footnote1 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.

Recipients are 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.

Commission staff reminds all parties that, as set out in paragraph 175 of TD 2003-45,the Commission requires, as a further condition of providing telecommunications service in an MDU, that a carrier disclose on its web site all terms and conditions, including fees, of any written access agreement concluded with the building owner of that MDU. That said, the MDU access agreements requested below should already be available publicly on the carriers’ websites.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

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

Attach. (1)

Request for Information (RFI)

To LMS 818

  1. Provide a copy of all agreements concluded between any telecommunications service provider (TSP) and LMS 818 which provide the TSP(s) access to the above-referenced MDU, for the purpose of installing their equipment and/or providing telecommunications services to residents/customers.
  2. Provide a list of all other TSPs that have telecommunications equipment installed in the MDUs.
  3. Provide the number of units in each of the two aforementioned MDUs.

To CIK

  1. Confirm whether you are aware of any other TSPs serving tenants or who have telecommunications facilities installed at one or more of the MDUs. If applicable, provide the name of the service provider(s).

To Telecom Service Providers identified in the Distribution List

  1. Confirm whether you have any telecommunications equipment—including copper wire and fibre-based equipment—installed at the above-referenced MDU.
  2. Provide a copy of all agreements concluded with LMS 818 which provide access to the above-referenced MDU, for the purpose of installing equipment and providing telecommunications services to residents/customers.
  3. If applicable, provide the total number of customers in the above-referenced MDU to whom you currently provide telecommunications services.
  4. Confirm whether you are aware of any other TSPs serving tenants or who have telecommunications facilities installed at the MDU. If applicable, provide the name of the service provider(s).

Distribution List

Bell Canada, bell.regulatory@bell.ca
Rogers Communications Canada Inc., regulatory@rci.rogers.com
TELUS Communications Inc., regulatory.affairs@telus.com
Novus Entertainement Inc., legal@novusnow.ca; dave.kershaw@novusnow.ca

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