Telecom - Staff Letter addressed to the Distribution List
Ottawa, 6 June 2024
Our reference: 8622-E25-202300979, 2024-42
BY EMAIL
Distribution List
Subject: Telecom Decision 2024-42
Dear Ian Stevens, Nathan Third, Jonathan Leahy, Pamela Dinsmore, and Philippe Gauvin:
Commission staff has reviewed the comments filed by Escalade Property Corp. (Escalade) on 1 May 2024, and by Execulink Telecom Inc. (Execulink), on 6 May 2024. Staff has taken note of the responses filed by Bell Canada (Bell) and Rogers Communications Inc (Rogers) to CRTC staff’s request for information (RFI) letter dated 22 April 2024, regarding the existing conduit and riser pipes in the MDUs in question.
Given that Execulink and Escalade have been unable to reach an agreement by which Execulink can access the building to install its equipment, staff informs the parties that it intends to conduct meetings with Execulink, Escalade, Rogers, and Bell on an individual basis, to discuss their positions in an attempt to facilitate an agreement. Commission staff considers that the conclusion of such an agreement is necessary in order for Execulink to gain access to the MDUs under reasonable terms and conditions and to remove the service restrictions imposed by the Commission upon other telecommunications service providers (TSPs) pursuant to Telecom Decision (TD) 2024-42. While the specific details of these individual discussions will not be shared by staff with any other parties unless expressly agreed to, staff may provide guidance to the parties on what staff considers a reasonable solution may be. Moreover, further process may be necessary should a Commission determination on these matters be required.
In advance of these meetings staff requests that Execulink disclose on the public record of this proceeding by 11 June 2024 all provisions contained in its standard MDU agreement (the Agreement) relating to the installation of its equipment, including (but not limited to) those relating to its construction standards, safeguards, and liability for damages.
Per section 39(4) of the Act, the Commission may require disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest. In making such a determination, a number of factors are considered, including the importance of the information for the purpose of obtaining a more fulsome public record. The factors considered are discussed in more detail in Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, as amended by Broadcasting and Telecom Information Bulletin CRTC 2010-961-1.Footnote1
Commission staff is of the view that disclosure on the public record of the above-mentioned provisions is in the public interest and could help advance the discussions.
Commission staff is also of the view that disclosing these provisions would not result in material financial loss or prejudice the competitive position of Execulink. Given that telecommunications service providers are required, pursuant to the MDU access framework, to make publicly available MDU access agreements they have entered into with MDU owners,Footnote2 staff considers that the public disclosure of the relevant information would have a limited impact on Execulink’s competitive position. Moreover, staff is of the view that the public interest outweighs the specific and direct harm likely to result from public disclosure of the relevant information.
Should Execulink instead elect to maintain its confidentiality designation, Execulink must file representations with the Commission by 11 June 2024, justifying why Execulink should not be required to disclose on the public record the above-mentioned provisions in its Agreement.
Sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
Distribution List
Ian Stevens, ian.stevens@execulinktelecom.ca;
Nathan Third, Thirdnathan@escaladepc.com
Jonathan Leahy, JLC Homes Ltd.,jlchomesltd@yahoo.ca
Pamela Dinsmore, cable.regulatory@rci.rogers.com
Philippe Gauvin, bell.regulatory@bell.ca
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