Telecom - Staff Letter addressed to the Distribution List
Ottawa, 13 August 2024
References: 8622-T117-202306919, 8622-T117-202403070
BY EMAIL
Distribution List
Subject: Part 1 Applications by TekSavvy Solutions Inc. On Copper Decommissioning
Today, the Commission published Telecom Regulatory Policy 2024-180 (TRP 2024-180) in response to Telecom Notice of Consultation 2023-56 (NoC 2023-56). In that Regulatory Policy, the Commission determined that the large cable carriers, including Cogeco Communications Inc. (Cogeco) and Rogers Communications Inc. (Rogers), will not be required, at this time, to offer aggregated wholesale high-speed access (HSA) services over their fibre-to-the-premises (FTTP) facilities.
The Commission stated however that it will shortly address issues related to decommissioning practices through further process. In the interim, to ensure that consumers are not negatively affected, parties are expected to avoid instances where competitors could lose access to higher-speed aggregated HSA. Should such situations arise, the Commission is prepared to address them expeditiously on a case-by-case basis.
Commission staff is issuing this letter to consider the impact that this new Regulatory Policy has on the two applications previously submitted by TekSavvy Solutions Inc. (TekSavvy) that involve separate decommissioning activities by Cogeco and by Rogers.
On 22 December 2023, TekSavvy requested that the Commission direct Cogeco to maintain wholesale HSA services at two sites in Ontario. Cogeco had been planning to replace its hybrid fibre-coaxial (HFC) facilities with FTTP facilities at those locations. As stated by way of a 8 April 2024 Secretary General letter, Cogeco is required to maintain competitor access to those sites until the Commission can issue a final determination on TekSavvy’s application. Given that issues related to decommissioning practices will be subject to additional process, consideration of TekSavvy’s application, which included a request for the Commission to launch a proceeding to consider the decommissioning practices of incumbents, remains suspended. As such, Cogeco is required, for the time being, to maintain competitive wholesale HSA access to all premises at the identified sites.
On 29 May 2024, TekSavvy sought interim relief with respect to Rogers’ plans to replace its HFC facilities with FTTP facilities at two buildings. On 12 June 2024, Commission staff temporarily suspended the process associated with TekSavvy’s application until further notice, given that TekSavvy and Rogers had reached an agreement addressing the immediate concerns raised in the application. Considering that issues related to decommissioning practices will be subject to further process, Commission staff requests that TekSavvy and Rogers maintain their current agreement until that process can be resolved.
Sincerely,
Original signed by
Philippe Kent
Director, Telecommunications Services Policy
c.c.:
Mahmoud Obeid, mahmoud.obeid@crtc.gc.ca,
Julian Brainerd, julian.brainerd@crtc.gc.ca
Attachment (1): Distribution list
Distribution list
TekSavvy Regulatory regulatory@teksavvy.ca
Rachel Harrison rharrison@teksavvy.ca
Cogeco Regulatory mtl.telecomregulatory@cogeco.com
Bell Canada Regulatory bell.regulatory@bell.ca
Eastlink Regulatory Regulatory.Matters@corp.eastlink.ca
Rogers Regulatory regulatory@rci.rogers.com
Shaw Regulatory regulatory@sjrb.ca
TELUS Regulatory regulatory.affairs@telus.com
Vidéotron Regulatory melanie.cardin@quebecor.com
John Lawford, PIAC, jlawford@piac.ca
CNOC, regulatory@cnoc.ca
Fibernetics, regulatory@fibrenetics.ca
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