‘We would suffer irreparable harm’: Bell challenging CloudWifi decision

BCE Inc. is challenging the CRTC's decision to allow internet service providers to access its fibre wires in multi-dwelling buildings, saying in a Part 1 application to the regulator that the regime governing copper access can’t simply be ported over to fibre because of technological differences. Bell’s arguments, filed this week, allege the CRTC erred in concluding that access to copper wires in buildings naturally extended to fibre, mistakenly overlooked that fibre and copper installations are different, and that it was unfair to give Bell’s competitors access exclusively to its facilities and not others, despite the fact the CRTC held a “preliminary view” that others should provide access. It is consulting on that part of the question, but Bell said it is unfair that it’s not included in that consultation. “The fundamental differences between copper and fibre need to be properly addressed before fibre IBW can be brought within the ambit of the Commission's IBW access regime,” Bell said, adding there was no such assessment made in the CRTC’s decision because no such record exists. That lack of market assessment -- where the differences between the two technologies would’ve theoretically manifested -- meant “there was no way for the Commission to create a regulatory regime for fibre IBW” that would respect the guidelines for enhancement of efficiency and competitiveness under the Telecommunications Act. Last month, the CRTC granted CloudWifi Inc. and all facilities-based ISPs access to Bell’s in-building fibre wire, so long as they tell Bell and pay for that access. But because Bell has no rates on access to its fibre, the CRTC deferred to how much it charges for its copper access ($0) until it proposes fibre rates. The regulator asked Bell to file those rates within 30 days of the decision. But Bell said new rules for building fibre sharing “cannot be developed within that 30 day deadline” -- pointing to the three-year period it took to develop the copper access policy -- and recommends a broad industry consultation on the issue. “The fact that the Commission is applying asymmetric rules to only us now and is conducting an asymmetric follow-up consultation on how these rules could (but may not be) applied to other LECs going forward are separate errors of law that require each of these measures to also be reviewed, varied and rescinded.” Bell is asking for the entire decision to be suspended. Bell said a proper assessment would’ve led the CRTC to find that fibre installation technicians are “specially trained,” accusing CloudWifi of not having the level of training required, and the differences between the technologies are such that it would be “technically impossible for us to even begin providing access to our fibre IBW without first adapting our fibre network terminations and developing processes to track and operationalize access.” Fibre handling, Bell continued, is a different and relatively delicate operation compared to copper because even dust particles entering the fibre could throw off its integrity. It also suggests, based on “early indications,” that “new equipment and changes to our own procedures may be required” to do allow fibre access. But Bell isn’t saying that a regime cannot be hashed out for fibre access; it suggests a regime that would benefit from industry discussion and standardization “that can only happen if all receive a similar obligation.” That could be achieved through the CRTC’s interconnection steering committee and/or a notice of consultation. Otherwise, Bell said, “We would suffer irreparable harm if the Commission were to decline the stay and ultimately grant this application because the untrammeled and unregulated expanded access to our fibre IBW risks further serious and permanent harm to these facilities.” — With reporting by Ahmad Hathout at ahathout@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

‘We would suffer irreparable harm’: Bell challenging CloudWifi decision

News | July 12, 2019

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‘We would suffer irreparable harm’: Bell challenging CloudWifi decision

News | July 12, 2019

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