Rogers, Quebecor ask CRTC to intervene in small cell dispute with Bell

Rogers Communications Inc. and Quebecor Inc. have asked the CRTC to compel BCE Inc. to allow them to attach small cell technologies to Bell’s poles at rates set by the Support Structure Service Tariffs following years of unsuccessful negotiations. In a joint Part 1 application lodged with the CRTC on May 13, Quebecor and Rogers claim Bell’s refusal to grant access to its poles for small cell attachments, in accordance with the tariffs, is a “flagrant breach” of sections 24, 25 and 27 of the Telecommunications Act. Bell has told Rogers and Quebecor that wireless attachments are governed exclusively by the tower sharing conditions of licence established by Innovation, Science and Economic Development Canada in refusing to process applications according to the tariffs, the companies claim in the application. Small cell technologies, Quebecor and Rogers state in the application, are a “key enabler of new wireless technology, including 5G,” and are critical to “efficient use of spectrum and to support exploding demand for high-speed wireless data.” “It is critical, therefore, that competing wireless carriers have the ability to deploy small cell technology on an efficient, timely and non-discriminatory basis,” the application states. CRTC chairman Ian Scott told the Senate’s transportation and communications committee in 2018 that the nature of 5G technology would require the small “pizza box” sized cells to be installed in all kinds of new public and private areas, including lamp posts, bus shelters and buildings. The issue of access to telco support structures was also raised recently in the CRTC’s consultation on barriers to rural broadband deployment. Quebecor’s Videotron first requested to attach a distributed antenna system (DAS) to a Bell pole in Quebec in April 2016 and Bell has since refused repeated requests to engage in a substantive discussion of the terms other than requesting it to sign a cellular antenna contract, the Part 1 application claims. Quebecor also claims that in its last communication with Bell on the issue, in September last year, that Bell proposed to wait until the CRTC had finished its wireless review before proceeding talks. Rogers has attempted to come to an agreement with Bell about small cell attachments since April last year, and Bell required it to sign a non-disclosure agreement before entering talks about four permit applications to attach antennas to poles in Toronto, submitted in December, according to the application. “The Applicants’ deployments of wireless infrastructure have been blocked by Bell’s conduct and the egregious terms that Bell has demanded for access to its pole for small cell attachments, and will continue to be blocked until Bell is obliged to grant small cell attachment permits in accordance with its SST,” the application states. The deadline for interventions is June 15.

Rogers, Quebecor ask CRTC to intervene in small cell dispute with Bell

Brief | May 21, 2020

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Rogers, Quebecor ask CRTC to intervene in small cell dispute with Bell

Brief | May 21, 2020

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