Wholesale rate appeal to go ahead in June via video conference

A Federal Court of Appeal judge has rejected the argument made by the incumbent telecom companies last week that their appeal of the CRTC's wholesale broadband rates decision is too complicated to be done through videoconferencing. The two day hearing will proceed as originally scheduled, on June 25 and 26. In court filings last week, lawyers representing Rogers Communications Inc., Bragg Communications Inc., Cogeco Inc., Shaw Communications Inc., and Quebecor Inc. had asked justice David Stratas for the previously agreed-to hearing to be adjourned until the court can conduct in-person meetings, citing the complexity and high stakes nature of the material involved. Last week, the companies had argued that the outcome of the appeal would “affect hundreds of millions of dollars that are directly at issue and significantly impact the future of internet infrastructure investment in Canada, it is vitally important that the Court have ready and efficient access to all of the information it requires to address the numerous matters at issue.” “We respectfully submit that this will only be possible if an in-person hearing is held,” the companies wrote. In an order issued Monday, justice Stratas wrote that on "December 23, 2019 this Court issued an order that, among other things, set an expedited schedule for these consolidated appeals; and since that time, these consolidated appeals have proceeded on this basis without objection." Stratas added that "in the management of these consolidated appeals the parties and the Court have interacted frequently and no one has expressed any concern about hearings by online video conference until now," and added that proceedings held by video conference have been working well in the court. A "hearing by online video conference of these consolidated appeals is appropriate, workable and fair," Stratas wrote. The regulation of wholesale broadband rates has been one of the more high-profile stories in Canadian telecommunications for the last several months. When the CRTC issued a decision in August slashing rates that incumbents were allowed to charge independent internet service providers, the move triggered a flurry of responses from the incumbents. In the wake of the decision, incumbents filed the appeal, cut back on planned infrastructure investment in protest, and filed a petition to the government. TekSavvy Solutions Inc., Start.ca, and Distributel Communications Ltd. were among those that lowered their internet prices as a result of the decision. Last month in a rare show of unity, both the federal Conservatives and the NDP called for the Liberal government to step in and enforce the CRTC’s wholesale rate decision. TekSavvy has asked the CRTC to put in place a fresh interim rate regime for the duration of the COVID-19 pandemic. In March, TekSavvy announced that it would lay off 130 workers and increase internet bills, citing the Federal Court stay of the wholesale rates. — With reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Wholesale rate appeal to go ahead in June via video conference

News | May 25, 2020

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Wholesale rate appeal to go ahead in June via video conference

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