Telecom - Staff Letter addressed to Pam Dinsmore (Rogers Communications Canada Inc.)
Ottawa, 11 January 2024
Our reference: 1011-NOC2022-0268
By EMAIL
Pam Dinsmore
Vice President, Regulatory
Rogers Communications Canada Inc.
350 Bloor Street East, 6th Floor.
Toronto, Ontario M4W 0A1
pam.dinsmore@rci.rogers.com
Subject: Request for Information - Negotiations between Lixo and Rogers for an access agreement to 70 Yorkville
In the Secretary General letter dated 11 January 2023, Footnote1the Commission stated that it would continue to monitor Rogers Communications Canada Inc.’s (Rogers) and Lixo Investments Ltd.’s (Lixo) progress in negotiations regarding a formal access agreement to the multi-dwelling unit located at 70 Yorkville Avenue, Toronto, Ontario (70 Yorkville). The Commission also stated that it would continue its analysis of the record of Telecom Notice of Consultation 2022-268 (NOC 2022-268) in order to determine whether any further enforcement actions or other Commission determinations are warranted. The Commission further stated that Rogers was required to report to the Commission, within 48 hours, any change to their ability to access 70 Yorkville or any significant status updates regarding the ongoing negotiations between itself and Lixo, until either an agreement has been reached, or until a conclusion is reached regarding NOC 2022-268.
On 8 November 2023, Commission staff requested that Rogers provide an update on the negotiations for access to 70 Yorkville, including confirmation of any temporary or long-term agreement between the parties.
In its response, Rogers stated that it has not heard back from Lixo in over 7 months regarding finalizing an access agreement and that it continues to have problems accessing the building when needed - most recently in October 2023.
In reply to Rogers, Lixo stated that they have provided a version of an agreement to rogers and are waiting for a response. Lixo further stated that negotiations for access under reasonable terms and conditions to 70 Yorkville were still underway and that ‘’further discussion’’ was scheduled for the end of November 2023.
Paragraph 37(1)(b) of the Telecommunications Act (the Act) provides that the Commission may require Canadian carriers to file information or documents that it considers necessary for administration of that Act. In order to assist the Commission’s assessment of the issues raised in NOC 2022-268, Rogers is required to provide a response to the attached questions by 17 January 2024, serving its response to Lixo by this specified deadline.
Lixo may comment on the information in Rogers’ response as appropriate by 19 January 2024.
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.
Sincerely,
Original signed by
Michel Murray
Director of Dispute Resolution and Regulatory Implementation
Telecommunications Sector, CRTC
c.c.: Peter Kovacs, RCCI, Peter.Kovacs@rci.rogers.com
Zack Ozani, RCCI, Zack.Ozani@rci.rogers.com
Lixo Investments Limited, lixotraffic@gmail.com
Ren Bucholtz, ren.bucholz@paliareroland.com
Simon Lapointe, CRTC, simon.lapointe@crtc.gc.ca
Attach. (1)
Request for Information
- Regarding Rogers’ statements that it ishaving problems accessing the MDU located at 70 Yorkville when needed, please indicate when and why these problems occurred and provide all relevant documentation, including any additional information regarding the circumstances surrounding these difficulties and related evidence.
- Provide a complete update regarding ongoing negotiations with Lixo regarding a formal access agreement to 70 Yorkville.
- Date modified: