Supreme Court to hear Telus’ appeal of CRTC access to public infrastructure decision

The Supreme Court of Canada (SCC) will hear Telus Corp.’s appeal of the CRTC’s decision not to oversee wireless access to municipal infrastructure. On Thursday, the SCC accepted Telus’ application for leave to appeal, after the telecom’s arguments were rejected by the Federal Court of Appeal (FCA) back in April. Telus is challenging the CRTC’s decision that it does not have jurisdiction to adjudicate disputes between companies and municipalities when it comes to wireless transmission infrastructure. The access regime outlined in the Telecommunications Act gives the CRTC its powers to resolve disputes when companies seek to construct or maintain “transmission lines” on public property. The regulator’s position, which the FCA upheld, is that the term captures only wireline technology and excludes wireless technology, like small cells, which are often used for 5G deployment. Telus argues that the Act was designed with dynamic interpretation in mind and that the FCA’s decision limits the legislation from accommodating new technologies that did not exist when it was enacted. It also criticized the court’s narrow definition of “transmission line,” noting that because small cells require hard-wiring anyway they should fall under its meaning. “By focusing on the point that small cell antennas send and receive wireless signals, the court below failed to appreciate the importance of the physical connections between those cells and existing transmission cables, which are vital to the provision of end-to-end service,” said Telus. BCE Inc. and Rogers Communications Inc. stood by the telco during its last appeal and have maintained their support. They argue that the legislation is intended to be “technologically neutral” and the efficient deployment of new 5G networks requires municipal access to be facilitated by the CRTC. The Federation of Canadian Municipalities, now joined by Electricity Canada and the Province of British Columbia, continues to stand opposed. They argue that the decision not to include wireless technologies in the access regime is a deliberate choice by Parliament. Whether or not the CRTC can resolve disputes between carriers and municipalities when it comes to the use of infrastructure will affect how 5G will be rolled out and updated in the coming years. As carriers need to make more and more adjustments to their network infrastructure in the coming years, municipalities will have more power in those negotiations if the SCC upholds the FCA’s decision. – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca

Supreme Court to hear Telus’ appeal of CRTC access to public infrastructure decision

Court | December 7, 2023

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Supreme Court to hear Telus’ appeal of CRTC access to public infrastructure decision

Court | December 7, 2023

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