Telecom - Staff Letter addressed to Howard Slawner (Rogers Communications Inc.)

Ottawa, 6 August 2024

Reference: 8000-R28-202404127

BY EMAIL

Howard Slawner
Vice President – Regulatory Telecom
Rogers Communications Inc.
One Mount Pleasant Rd
Toronto, Ontario M4Y 2Y5
regulatory@rci.rogers.com

Subject: Request for an Immediate Temporary Stay of the Speed-Matching Requirement for Rogers’ New Retail Internet Services delivering Gigabit Speeds

On 25 July 2024, Rogers Communication Canada Inc (Rogers) filed a Part 1 application (Application) seeking an immediate interim stay of the speed-matching requirementFootnote1 in respect of new speed tiers it launched to retail customers on that same day. The Application also seeks other related relief.

Filing an application for a stay does not in and of itself create a stay. The Commission’s regulatory requirements remain in place unless and until a stay is granted.

Commission staff notes that Rogers has not yet filed a tariff application to introduce its new speed tiers at the wholesale level. It therefore appears that Rogers has not complied with the requirement outlined in paragraph 209 of Telecom Decision 2006-77 (TD 2006-77):

… the Commission determines that if a cable carrier introduces a new retail Internet service speed, it is to file, at the same time, proposed revisions to its [wholesale] tariff to include this new speed offering, with a supporting cost study. (emphasis added)

Without approved tariffs in place, competitors have no means of selling services that they are otherwise entitled to sell. As a consequence, consumers lose out on the benefits of greater competition, including lower prices, more choice, and increased levels of innovation.

Commission staff expects Rogers to urgently comply with the requirements of TD 2006-77. Should Rogers fail to do so, the Commission may consider enforcement action up to and including the imposition of an Administrative Monetary Penalty.

Additionally, absent Rogers’ tariff application, Commission staff is concerned that other interested parties may not have the details necessary to make informed interventions on the Application. Therefore, Commission staff suspends consideration of the Application until such time that Rogers’ tariff application is filed and posted on the Commission’s website. Commission staff will issue a letter with further process for interventions and replies once the suspension is lifted.

Sincerely,

Original signed by

Leila Wright
Executive Director,
Canadian Radio-television and Telecommunications Commission (CRTC)
Telecommunications Sector

Cc: Chris Noonan, chris.noonan@crtc.gc.ca
Philippe Kent, philippe.kent@crtc.gc.ca

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