CloudWifi decision stands, but other ISPs must wait for access

In an ongoing dispute between BCE Inc. and CloudWifi Inc. over whether Internet service providers like CloudWifi should have access to Bell’s wiring in multi-dwelling units, the CRTC Monday upheld the principle of its decision from June, but acquiesced to part of Bell’s review-and-vary request and initiated a new tariff proceeding on ISP access to incumbent MDU infrastructure. In its July “review and vary” application contesting the CRTC’s June decision, Bell argued that “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.” The CRTC needed to have conducted a market analysis, Bell argued in July, before porting the regulatory regime covering copper wiring over to the newer fibre infrastructure in multi-dwelling units. “The reason this is a win for Bell is because it introduces delay and uncertainty, and that denies Canadians the competitive market they so rightly deserve,” president of the Canadian Network Operators Consortium Matt Stein said Tuesday in a phone interview. Stein’s CNOC was an intervenor in the original process in favor of in-building wire access for CloudWifi. In its decision Monday, the CRTC said that whether or not it conducted a market analysis, it still had jurisdiction to regulate in-building wiring, whether copper or fibre. “Given its view that the existing framework applies to connections to in-building wire for the provision of telecommunications services to customers in MDUs, regardless of technology,” the CRTC wrote in its decision Monday, “the Commission considers that it did not have to examine technological connection details, conduct a market analysis, or reach a conclusion on workmanship in previous connections to find that access to in-building fibre was regulated.” The CRTC did admit, however, that “fibre connection is more complicated than the Commission anticipated;” that in may not have given Bell enough time -- 30 days -- to propose a new tariff regime, and that it was unfair to ask Bell to come up with such a regime on its own. The CRTC therefore also announced Monday a notice of consultation on what would constitute a fair price for access to the newer -- and more complicated -- fibre infrastructure in multi dwelling units. The new consultation process halts the expansion of in-building wire access, and asks for comments on whether or not ISPs like CloudWifi should have access to in-building wiring at all; whether access to in-building wire in MDUs should be expanded to include all carrier ISPs and telecom service providers; as well as what the appropriate rates for such access to fibre would be. CloudWifi, whose access to Bell’s wiring in a condo building in Toronto initiated the proceeding in 2018, will get to maintain its own access in the building. The CRTC said that “it would not be in the public interest for customers who have been receiving services pursuant to that tariff to have their services disconnected while the consultation takes place.” In its reasoning for maintaining the principle of in-building wire access for CloudWifi, the CRTC said that the original decision “encourages competition by not limiting the type of in-building wire to which competitors must be granted access, fosters affordability through competition, enhances and promotes consumer interests through increased consumer choice, and enables innovation.” While CloudWifi will get to maintain its access, other ISPs will not have their own access to incumbent infrastructure until the tariff process is concluded. The establishment of a new industry-wide consultation process “facilitates the orderly development of telecommunications systems,” according to the decision. Parallel to the process at the CRTC, Bell has also asked the Federal Court of Appeal for leave to appeal the decision, in which CloudWifi subsequently argued that Bell’s request for leave to appeal was “premature,” given that the CRTC process had not run its course. Bell then asked the courts to put their appeal on hold, which the court did. A number of incumbent telecom providers have rowed in behind Bell in the court proceeding. How Monday’s decision affects the proceeding in the Federal Court of Appeal is still unclear. — With reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

CloudWifi decision stands, but other ISPs must wait for access

News | December 17, 2019

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CloudWifi decision stands, but other ISPs must wait for access

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