Bell says it’s inappropriate for CRTC to restrict services to occupants in Rogers-Lixo MDU access dispute

BCE Inc. says it would be inappropriate and inefficient for the CRTC to restrict telecommunications service providers from offering any services to the occupants living in a Toronto multi-dwelling unit (MDU). Bell’s Oct. 18th intervention is a response to a CRTC consultation on whether telecom service should be cut to Lixo Developments Ltd. the housing developer of 70 Yorkville Ave. – the property which has been the source of a long running dispute with Rogers Communications Inc. “The interests of the innocent occupants of 70 Yorkville Ave. should remain paramount. They and their telecommunications services should not be used as leverage and they should not be threatened with the potential loss of their telecommunications services in an attempt to apply pressure against their access-denying property owner,” Bell wrote. The fight dates back to last year when Rogers filed a Part 1 application seeking access to the Lixo property, stating that Bell has access to the building while Rogers was shut out of providing services to potential customers. Lixo denied knowing anything about the matter, while Rogers responded that the developer was playing ignorant to draw out the process. In June the CRTC ordered Lixo to give Rogers access to the building, with penalties imposed if it refused to comply. Lixo ignored the deadline which led to Monday’s notice. Rogers is asking that any TSP currently in the building be prohibited from providing Lixo with telecom service, effective immediately. Bell argued in its intervention that Lixo had actual knowledge, since July 2021, that its access denials were resulting in service degradation for its residents and, therefore, it is unlikely to budge with the threat that occupants could lose their telecommunications services. Bell noted that it, and other providers serving the building, mailed letters to the occupants informing them of the dispute and their landlord is required to grant Rogers access. Yet it did not alter Lixo's access denials. “The history of this dispute… has confirmed the futility of trying to use the residents as leverage to pressure Lixo into granting Rogers access,” Bell wrote. Bell said that effective July 8, 2022, as per commission’s orders, it did not provide telecommunications services to new occupants or current occupants who were not prior customers, nor did it modify or upgrade plans for its pre-existing customers. “In other words, a Commission ruling which has effectively frozen the communications services received by residents and has been in force for more than 90 days has not influenced Lixo's access-denying conduct. Moreover, the Commission's 8 July 2022 telecommunications standstill order is an anti-consumer and anti-competitive remedy which harms the building's residents.” Distributel Communications Ltd. also agreed with its soon-to-be parent company, stating that “a direction restricting all TSPs from offering any telecommunications services to the occupants of 70 Yorkville would have a significant detrimental impact on those occupants who, we expect, have little, if any, control over the actions taken by Lixo.” Distributel said it agreed that TSPs should not provide services to Lixo or any of its affiliates or related parties at 70 Yorkville Avenue – although Bell noted in its intervention that it is possible Lixo, or its principals, could incorporate new related companies under a different corporate identity or relocate its business operations to other locations to evade such a stop serve order. Bell said the commission should instead issue a building access order against Lixo to be filed with the Federal Court “such that that a contempt of court would crystalize in the event of continuing Lixo non-compliance once the commission's order is filed with the court.” The incumbent would also favor the commencement of a proceeding to presumptively consider levying administrative monetary penalties against the developer. “Further, this approach advances the policy objectives set out in… the as it restores building residents' ability to access the TSP of their choice and fosters greater competition in the offering of telecommunications services. It will also allow Rogers to repair its facilities to restore the currently degraded services in this building.” –Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca

Bell says it’s inappropriate for CRTC to restrict services to occupants in Rogers-Lixo MDU access dispute

News | October 19, 2022

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Bell says it’s inappropriate for CRTC to restrict services to occupants in Rogers-Lixo MDU access dispute

News | October 19, 2022

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