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Telecom - Staff Letter addressed to Pamela Dinsmore (Rogers Communications Canada Inc), Philippe Gauvin (Bell Canada) and the Distribution List

Ottawa, 22 April 2024

Reference(s): 8622-E25-202300979, 2024-42

BY EMAIL

Pamela Dinsmore
Vice President, Regulatory
Rogers Communications Canada Inc.
One Mount Pleasant Road, 4th Floor
Toronto, ON M4Y 2Y5
cable.regulatory@rci.rogers.com

Philippe Gauvin
Assistant General Counsel
Bell Canada
160 Elgin St., 19th Floor
Ottawa, ON  K2P 2C4
bell.regulatory@bell.ca

Distribution List

Subject: Request for Information Regarding Telecom Decision 2024-42

Dear Pamela Dinsmore, Philippe Gauvin, and Distribution List organizations,

In Telecom Decision CRTC 2024-42, the Commission determined that Execulink was being denied access to the three MDUs owned by JLC Homes Ltd. (JLC) in a timely manner and under reasonable terms and conditions. In that decision the Commission set out incremental steps that it would take to enforce the MDU access condition. Additionally, the Commission directed Execulink and JLC to provide regular updates on their negotiation progress until Execulink obtains access to the three MDUs referenced in Execulink’s application.

In its first negotiation status report (filed on 2 April 2024), Execulink stated that JLC—which Execulink noted in its report also refers to Escalade Property Corp. (Escalade)—refused Execulink’s request to utilize spare capacity in either of the two sets of conduits and risers in the MDUs, on the grounds that Rogers and Bell expressed a preference for exclusive use of conduit and riser pipes at the time they installed their equipment. Escalade filed on behalf of JLC the latter’s first negotiation report on 27 March 2024, stating that access had been granted to all three MDUs.

Execulink filed its second report on 15 April 2024, indicating that there has been no further progress in negotiations. As of the date of this letter, Escalade has not filed on behalf of JLC its second negotiation status report, which was due on 12 April 2024.

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. The Commission is sending this request for information (RFI) to gather additional information about TSP equipment installed at the MDUs. The deadlines for responding to this RFI are as follows:

Recipients are 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.

Sincerely,

Original signed by

Michel Murray
Director of Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Rudy Rab, rudy.rab@crtc.gc.ca

Request for Information

To Rogers and Bell

  1. Did your company express a preference to install its telecommunication equipment in separate conduits and riser pipes or for exclusive use in the three MDUs in question? If so, explain why. Provide any relevant documentation in support of your answer (e.g. correspondence or contracts).
  2. Advise regarding whether you have any objections to Execulink installing its telecommunications equipment in the same conduit and risers in the three MDUs and if so, explain why.

Distribution List

Ian Stevens, ian.stevens@execulinktelecom.ca;
Nathan Third, Escalade Property Corp., Thirdnathan@escaladepc.com
Jonathan Leahy, JLC Homes Ltd.,jlchomesltd@yahoo.ca

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