Telecom - Staff Letter addressed to the Distribution List
17 October 2023
Our reference: 8620-B2-202303858
VIA EMAIL
Distribution List
Subject: Show cause why Bell Canada’s Part 1 Application regarding access to Rogers’ wireless network in the Toronto Transit Commission subway system is not moot in light of the Minister’s decision
On 15 June 2023, Bell Canada Inc. (Bell) filed a Part 1 application with the Commission requesting several remedies to ensure access to Rogers Communications Canada Inc.’s (Rogers) wireless network in the Toronto Transit Commission subway system (TTC). Bell also asked the Commission to impose a general condition of service under section 24 of the Telecommunications Act requiring the provision of wireless access in all subway systems in Canada to prevent future disputes. Specifically, Bell proposed three conditions:
- There be no exclusive or preferred access arrangements for the construction of a distributed antenna system (DAS), and that all mobile network operators (MNOs) be permitted to build their own DAS during the construction phase of either the subway line or of the first DAS to be built in that subway line;
- Where a single DAS already exists in a subway, all MNOs be permitted to connect to the DAS concurrently and deploy their own spectrum and base station hotels; and
- In that case, interconnection with the DAS take place on the basis of the consortium cost sharing model unless the parties agree to other reasonable terms and conditions.
On 24 July 2023, Innovation, Science and Economic Development Canada (ISED), on behalf of the Minister of Innovation, Science and Industry (Minister), initiated a public consultation to introduce conditions of licence applicable to telecommunications common carriers operating in Toronto, Ontario. According to ISED, these conditions were intended to facilitate the efficient and orderly development of a mobile wireless network that will allow all riders on the TTC access to wireless services in a timely manner.
On 19 September 2023, the Minister published his decision setting out licence conditions applicable to wireless carriers operating in Toronto. Among the conditions, Rogers was required to provide physical access to its wireless network in the TTC to other wireless carriers and provide equivalent levels of service to all customers in the TTC as of 3 October 2023. Rogers and other wireless carriers were also required to share technical information and enter into good faith negotiations to establish network agreements, which are subject to a commercial arbitration process in the event that parties cannot come to mutually agreed upon terms.
Commission staff understands that, as of 2 October 2023, all TTC riders now have wireless services through Rogers’ network. While staff’s understanding is that network access is currently being provided through roaming arrangements between Rogers and other wireless carriers, roaming is meant to be a temporary solution; the Minister’s decision also requires parties to enter into network agreements to allow for access to Rogers’ DAS for the purpose of installing equipment. Once other wireless carriers install their equipment, they will be able to use their own spectrum to provide service to their customers rather than roam on Rogers’ network.
Considering the Minister’s decision, which requires Rogers to grant Bell and others access to its TTC network and negotiate the terms of such access with arbitration as a recourse for failed negotiations, Commission staff is of the view that the remedies Bell is seeking in its Part 1 application are no longer required and that the application is therefore moot.
Regarding Bell’s request for a general condition of service applicable to all subway systems in Canada, staff does not believe that such a condition is necessary given the limited number of underground subway systems that exist in Canada. Staff is aware of two major metro systems: (1) the TTC, where access issues are on track to be resolved, and (2) the Montreal Metro which, as parties have pointed out, already has wireless coverage due to a successful joint endeavour between carriers. The other urban rail transit systems in Canada, such as those in Vancouver, Calgary, Edmonton, and Ottawa, are predominantly above ground with limited underground sections. Staff would expect wireless carriers to work in good faith, as they have demonstrated in Montreal, to prevent any future access disputes in public transit systems.
In light of the Minister’s decision, parties are requested to show cause why the Commission should not find Bell’s Part 1 application to be moot and dismiss it accordingly. Parties may file any such comments by 24 October 2023, serving a copy on all other parties.
Sincerely,
Original signed by
Leila Wright
Executive Director
Telecommunications Sector
c.c.: Philippe Kent, CRTC, philippe.kent@crtc.gc.ca
Jeremy Lendvay, CRTC, jeremy.lendvay@crtc.gc.ca
Greg Lang, CRTC, greg.lang@crtc.gc.ca
Distribution List
bell.regulatory@bell.ca
regulatory@rci.rogers.com
regaffairs@quebecor.com
piac@piac.ca
michael.atlas@ttc.ca
eric.edora@telus.com
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