CRTC asks Ottawa for single regulator on passive infrastructure

The CRTC is formally asking the federal government to make one regulatory body the ultimate decider on disputes over access to infrastructure like utility poles and water towers, expressing worries that overlapping jurisdictions and a “growing resistance” from communities who think certain installations are a blight could lead to delays in telecom build-outs. That’s just one of a number of policy proposals the CRTC is endorsing in its submission to the Liberal government’s broadcasting and telecommunications legislative review panel studying Canada’s communications laws. The document was published online a day ahead of the submission deadline. It’s an area that could be key for telecom companies deploying 5G infrastructure and other Internet of Things (IoT) tech that will require many small site installations. The regulator expressed worries it only has limited jurisdiction over telecom infrastructure deployments to support structures, public property and privately-owned buildings. The regulator wants one regulatory body “such as the CRTC” to have authority in resolving disputes about passive infrastructure owned by Canadian utility companies, as well as “non-traditional” structures like light poles, bridges, water towers, and “street furniture” such as bus stops and traffic lights. “Granting one body greater authority in resolving disputes or requiring owners of all types of infrastructure to share access to these infrastructure is also likely to lower the costs of deploying networks and avoid duplicative investments,” it said. Chairman Ian Scott said it ultimately doesn’t have to be the CRTC, but the issue must be “carefully considered and it has to be addressed” by the federal government. “We have to have a solution for this if we’re going to effectively deploy broadband and wireless technology,” he said in an interview with the Wire Report Thursday. That will also help with a “growing” not-in-my-backyard opposition to telecom equipment, the submission said, be it big towers or the looming proliferation of small cells. “Reducing infrastructure duplication would further help address the growing resistance from communities who, while in favour of the deployment of new networks and technologies, are opposed to the growing amount of infrastructure being installed in plain sight in residential neighbourhoods, public parks and agricultural lands or near schools.” It pointed to a case from September, where the city of Mill Valley, California moved to limit and prohibit small cell towers amid concerns over telecoms installing new 5G network equipment -- even though no proposals for 5G infrastructure had been put forward at the time, according to a newspaper article by the Marin Independent Journal. The submission also raises the hot topic of cost awards for consumer advocacy and public interest groups, a longstanding issue with groups like Public Interest Advocacy Centre (PIAC) who have recently complained about being tapped for resources amid delays. “The current costs awards processes (both under the Telecommunications Act and the BPF) are proceeding based and limit the ability of public interest organizations to develop expertise based on stable funding,” the submission said, although the commission doesn’t recommend one specific model as an alternative. It offered a number of suggestions, starting with a Telecommunications Policy Review Panel that recommended moving to a direct government subsidy back in 2006. Typically, telecom companies part of proceedings have to pay costs, while for broadcasting proceedings reimbursement comes from an independent broadcasting participation fund (BPF). The commission also wants to be able to directly regulate telecom resellers. Because of how the Telecommunications Act is worded, it currently only does so indirectly, through the carriers providing services to resellers. But that method hasn’t always been effective in areas like ensuring compliance with 911 service obligations. Scott also said Ottawa needs to address the issue with the act’s wording to deal with a potential net neutrality loophole. “The commission has one of the best net neutrality policy frameworks in the world,” he said. ”Is it clear it applies to re-sellers? The answer is no.” The regulator also wants the ability to convene its own advisory committees, made up of experts and stakeholders, so it can proactively study issues instead of dealing with them on a case-by-case basis through hearings. Many of the big positions and issues the CRTC submission mentions have been raised in past proceedings or pitched to the Senate’s committee studying Canada’s communications laws, including new administrative monetary penalty (AMPs) tools for dealing with compliance in the broadcasting sector. It also included recommendations from its Harnessing Change report. “Perpetuating a regulatory system that places a disproportionate emphasis on national players and their domestic activities will place increasing burdens on those players and will not enable either the regulator or the Canadian broadcasting system to achieve Parliament’s public policy outcomes,” it warns. Scott said, in general, there’s not one specific policy they’re advocating for more than others in the submission, but they’re using the review process to flag to the government that their regulatory toolbox is “lacking in certain areas or needs some new refreshed tools in other ones.” It took no position on whether the government should merge the broadcasting and telecom acts, which former CRTC Chairman Konrad Von Finckenstein once called for in 2010. Von Finckenstein told the Senate last year he has since changed his position, given significant changes to Canada’s communications landscape. — With reporting by Kyle Duggan at kduggan@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

CRTC asks Ottawa for single regulator on passive infrastructure

Broadcast | January 10, 2019

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CRTC asks Ottawa for single regulator on passive infrastructure

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