Telecom - Staff Letter addressed to Geno Vanhaelewyn (Town of Tillsonburg)
Ottawa, 13 December 2023
Our reference: 8622-E25-202300979
By EMAIL
Geno Vanhaelewyn, Chief Building Official
Town of Tillsonburg
10 Lisgar Avenue
Tillsonburg, ON N4G 5A5
gvanhaelewyn@tillsonburg.ca
Subject: Part 1 Application by Execulink Telecom Inc. requesting non-discriminatory and timely access on reasonable terms and conditions to multi-dwelling units owned by JLC Homes Ltd.—Request for Information
Dear Geno Vanhaelewyn,
The Canadian Radio-Television and Telecommunications Commission (CRTC, or Commission) 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 Execulink Telecom Inc. (Execulink). In this application, Execulink is requesting access to three condominium multi-dwelling units (MDUs), located at 136 Concession Street East, 62 1st Street and 98 King Street in Tillsonburg, Ontario (collectively referred to as the buildings), in order to install its equipment and provide telecommunications services upon occupancy.
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 the Act. As part of its consideration of Execulink’s above-noted application, the Commission is sending this request for information (RFI) to the Town of Tillsonburg (Tillsonburg) to collect information about the status of construction and occupancy.
Commission staff understands that in Ontario, tenants can commence moving into a multi-unit residential building once the municipality deems the building to be fit for occupancy. Staff is of view that the Commission’s consideration of Execulink’s application would be aided by knowing which of the three above-referenced buildings have been deemed by Tillsonburg to be fit for occupancy, as well as the official date on which Tillsonburg issued its determination in this regard for each building.
Commission staff therefore requests Tillsonburg to file with the Commission, by 20 December 2023, the following information:
- For each of the buildings that have already been deemed fit for occupancy by Tillsonburg, copies of official documents indicating the date on which Tillsonburg deemed each building to be fit for occupancy (provide a “Nil” response if none of the buildings have yet been deemed fit for occupancy);
- For each building that Tillsonburg has not yet deemed fit for occupancy, but for which a request has been made by the owner for Tillsonburg to deem the building fit for occupancy, provide any documents related to the request and the date on which the request was made (provide a “Nil” response if all of the buildings are already deemed fit for occupancy or if there are no active requests for an occupancy certificate);
- The typical expected timelines for Tillsonburg to deem a building fit for occupancy after such a request has been submitted;
- Any other relevant details specific to Tillsonburg’s determination regarding each MDU’s fitness for occupancy.
In accordance with the CRTC Rules of Practice and Procedure(the Rules), in addition to filing its response with the Commission, Tillsonburg is required to serve a copy of its response on Execulink and on JLC Homes Ltd. (JLC).
Tillsonburg’s response is required to be submitted electronically, and ensuring that all correspondence is addressed to the Secretary General (Marc Morin). All documents must be submitted no later than 8:00 p.m. (EST) on the deadline date. Tillsonburg’s response will be placed on the public record of this proceeding.
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 7 am and 5 pm (EST) 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.
Section 39 of the Act and Broadcasting and Telecom Information Bulletin CRTC 2010-961 provides 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.: Ian Stevens, Execulink Telecom Inc., ian.stevens@execulinktelecom.ca
Jonathan Leahy, JLC Homes Ltd., jlchomesltd@yahoo.ca
Rudy Rab, rudy.rab@crtc.gc.ca
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