Bell tells CRTC to dismiss Quebecor complaint due to lack of legal grounds and unjustified demands

Quebecor Inc.'s Part 1 application to the CRTC for retroactive roaming rates on BCE Inc.’s network has been met with staunch opposition from Bell, as the telecommunications giant asserts that there is no legal basis for the requested relief. The dispute centres around the agreed-upon launch date of Oct. 11 for the use of Bell’s wholesale access service by Videotron and Freedom. Despite meticulous coordination efforts, according to Quebecor, Bell has reportedly reneged on the agreed-upon date. Quebecor is seeking to have the commission apply the parties' mobile virtual network operators (MVNO) access rate – determined by the CRTC through final offer arbitration – retroactively to Quebecor’s use of roaming access on Bell's network. “'s true motivation in its application has nothing to do with the launch of its MVNO service to consumers or with the contents of Bell's proposed MVNO access agreement. It is simply to extract a windfall retroactive payment from Bell (and Telus),” Bell, which shares a network with Telus Corp., wrote in its intervention. In 2021 the commission elected to go with a limited MVNO model, restricting mandated access to incumbent wireless networks to regional providers that own a level of spectrum assets, and restricting the period of mandated access to seven years. In May 2023 the CRTC announced that it expected incumbents to have their MVNO service “operational and ready for use” no later than June 8, and agreements should be in place with regional providers availing of the service by Aug. 7, or else companies could head to FOA. In October the CRTC chose Bell’s offer over Quebecor, stating they “were assessed based on whether they were just and reasonable and were evaluated on a number of public policy factors” and Bell’s “best meets the evaluation criteria.” Bell notes that the MVNO access agreement and the MVNO rate agreement are distinct components in the process of launching MVNO services. Bell argues that Quebecor’s refusal – “despite repeated efforts by Bell” – to enter into the necessary MVNO access agreement has prevented the launch of MVNO access service which forces Quebecor to access Bell's network through the Roaming Tariff and Roaming Agreement. “Therefore, granting 's request would effectively be imposing a rate for 's use of the roaming service that was not determined in accordance with the Roaming Tariff or the Roaming Agreement. This clearly cannot be done,” Bell argued. Bell further added that there was no agreed upon starting date between the two parties for access. “Contrary to what is implied at times in the application, at no point did Bell agree that 11 October 2023 would be the commercial starting date for purposes of the MVNO Access Agreement to be entered into between the parties or otherwise,” it wrote. Bell stated that Quebecor's claim of an agreement appears to hinge largely on its assertion, independent of Bell, that it intended to launch its MVNO service for consumers on Oct.11, 2023. This assertion was made before the CRTC issued its FOA decision, leaving Bell without the opportunity to agree to this specific date. Bell argued that this date was more aligned with Quebecor's planned launch to its customers, potentially on the Rogers network, and not directly related to its relationship with Bell. The Public Interest Advocacy Centre (PIAC) also weighed in on the dispute, arguing that Oct. 11 should be seen as Quebecor’s start date for service. According to PIAC, the CRTC made a clear ruling that Telus' network sharing agreement is an integral part of the MVNO access tariff of Bell which eliminates the need for any delays or special agreements that Bell might be insisting upon regarding Telus’ network sharing. The organization further suggests that Quebecor is operating under the belief that, as per the commission's decisions and policies, if carriers are compelled to engage in FOA, the resulting FOA decision effectively establishes the tariff rate which can be considered reliable from the specified date onward. Under the commission’s direction the parties are “to enter into an MVNO access agreement consistent with Bell Mobility’s offer so that can expand its mobile wireless services to Canadians as quickly as possible,” which PIAC argues is open to interpretation. “This wording is ambiguous as to the nature of this agreement and whether or not it is simply a contractual iteration of a tariff in force,” PIAC wrote. “This dispute has therefore erupted as believes that this agreement in pursuance of the FOA is simply an implementation of the tariff (and therefore its effect is immediate) and Bell appears to believe it is a separate agreement that must be negotiated. PIAC then criticized the CRTC policies for being “ridiculous and doomed to failure.” PIAC criticized the use of FOA as a mechanism to commercially negotiate off-tariff arrangements for MVNO access. They argue that this approach sets up continuous disputes and delays, providing no incentive for incumbent carriers to offer MVNO services. The lack of incentives, according to PIAC, undermines the effectiveness of the regulatory framework. However, it noted that it cannot fully judge the situation due to the commission’s lack of transparency, noting that the CRTC’s approach to non-transparent pricing and rate-setting fails to adequately address consumer concerns about backdoor deals and excessive profits. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca.

Bell tells CRTC to dismiss Quebecor complaint due to lack of legal grounds and unjustified demands

News | January 23, 2024

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Bell tells CRTC to dismiss Quebecor complaint due to lack of legal grounds and unjustified demands

News | January 23, 2024

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