Bell says Rogers purposely delaying network access to Toronto subway, asks CRTC to intervene

BCE Inc. is asking the CRTC to prohibit Rogers Communications Inc. from providing access to its customers on the Toronto Transit Commission (TTC) until it enables access for all carriers, arguing Rogers is “seeking to deny or delay access for as long as possible for the majority of Canadians who have chosen another wireless carrier.” “This is a request for the commission to protect public safety and promote the public interest by ensuring all Canadians can access wireless services in the TTC subway system,” Bell wrote in a Part 1 application submitted to the commission Friday. In April, Rogers announced it had reached an agreement to acquire the Canadian arm of BAI Communications, an Australian company that obtained the rights to build out the TTC wireless network in 2012. In 2015 Wind Mobile (now Quebecor Inc.’s Freedom Mobile) became the first and only provider to sign a service agreement with BAI. “We have been forced to bring this application because Rogers, after reaching a sole-sourced deal with the TTC, has refused to negotiate or collaborate with other wireless carriers to expand access,” Bell wrote in its application. In a statement to The Wire Report, a Rogers spokesperson said Bell's "application is full of inaccuracies." "Our commitment to modernize and expand the network to deliver full wireless coverage as soon as possible for all TTC riders, regardless of their carrier, remains unchanged," the company stated. According to Bell, over the past three months, Rogers has refused to put forward a high-level commercial proposal or have a technical discussion with the company. Bell requests that the CRTC prohibit Rogers from onboarding carriers, including Rogers itself, to any Distributed Antenna Systems (DAS) until it is technically feasible to provide access to all carriers. “This will ensure Rogers does not stand to profit from denying or delaying access.” Access to a DAS is needed to provide wireless service in a subterranean transit system because macro wireless coverage is unusable. It is nearly impossible for carriers to build their own DAS because of space constraints, construction limitations, and exclusivity arrangements with the transit authority, Bell argued. Bell maintained that all carriers should deploy their networks through a single DAS at the same time and pointed to the consortium cost-sharing model carriers adopted for the Société de transport de Montréal, Réseau express métropolitain in Montreal, and Eglinton Crosstown LRT in Toronto as successful examples. “This is the only approach that immediately enables access for all users on reasonable terms and conditions and ensures no party profits from denying or delaying access for the majority of Canadians that do not subscribe to its services,” Bell wrote. Bell said Canada’s incumbents have been in favor of a consortium cost-sharing model for the TTC for the past decade, including a joint effort to acquire BAI Canada, however, the latter company did not budge. “We are not aware of why, last year, the TTC and BAI appear to have changed their minds and begun to negotiate solely with Rogers without any notice or effort to seek superior proposals more aligned with the public interest from other carriers who had consistently expressed an interest in a similar transaction.” Regardless, Bell wrote, Bell and Telus Corp. made a joint proposal to the BAI once it learned of the pending Rogers deal but with “additional financial contributions to public safety… and a commitment to provide equal access to all carriers on the same terms and on the same date, based on an equal sharing of costs.” Bell was shot down because the TTC had already agreed to Rogers’ terms, according to the Part 1 application. Bell said it then contacted executives on the Rogers network team to inquire about access similar to its other transit consortium cost-sharing models. Bell was allegedly told the company was not prepared to sign a memorandum of understanding (MOU) or to provide a responding proposal. On May 1st, Bell asked Rogers one final time to sign a copy of its proposed MOU or provide an alternative written proposal on how it would provide wireless access on the TTC to all riders by May 3rd, or else it would escalate the situation. In a May 10th email sent to Bell, Rogers said that its priorities were taking over the operation and “stabilizing the legacy network to ensure emergency services continue to be available.” The company further noted that it has had little time to assess the state of the DAS in the subway system, and it would contact Bell when it is ready to start planning upgrades and expansion. In a statement to The Wire Report, Rogers reiterated its focus on ensuring 911 services remain intact on the existing network. A spokesperson for Rogers said “Bell’s application is full of inaccuracies and mischaracterizations" and claimed it approached Bell more than a month ago with "a fair and reasonable framework for all carriers to join the network." Rogers claims it also offered to use the government’s arbitration process if both parties cannot negotiate a deal by August. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca -- This story has been updated to include comment from Rogers.

Bell says Rogers purposely delaying network access to Toronto subway, asks CRTC to intervene

News | June 19, 2023

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Bell says Rogers purposely delaying network access to Toronto subway, asks CRTC to intervene

News | June 19, 2023

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