CRTC releases consult over its jurisdiction on small cell pole attachments

The CRTC has issued a call for comments on the attachment of wireless facilities to support structures owned or controlled by incumbent local exchange carriers (ILECs) due to the expansion of 5G networks which will require the installation of thousands of additional cell sites across Canada. “Finding appropriate locations for these sites can be challenging and costly. To simplify and aid 5G deployment, the commission is examining whether it should modify existing rules that allow third parties to attach equipment—such as 5G small cells—onto poles across Canada,” the CRTC wrote in its consultation released Monday. The deployment of 5G networks relies on a mix of high-, mid-, and low-band frequencies to deliver faster speeds, lower latency, and higher capacity compared to previous generations. Small cells, which have a smaller coverage area and are essential for 5G networks, need to be strategically placed on various structures, including poles owned or controlled by ILECs. The CRTC aims to address several key issues in this proceeding, including the jurisdiction over the deployment of wireless facilities on ILEC-owned or -controlled support structures, the application of existing support structure tariffs, and the requirement for competitors to obtain permits for deploying wireless facilities. The jurisdictional issue at the heart of the matter pertains to the scope of authority wielded by the CRTC in regulating the deployment of wireless facilities on infrastructure owned or controlled by ILECs. The CRTC took the preliminary view that it has concurrent jurisdiction with the department of Innovation, Science and Economic Development (ISED) over the deployment of wireless facilities. “Since the commission regulates competitor access to ILEC-owned or -controlled support structures through tariffs, access to these support structures for the deployment of wireless facilities would fall within the commission’s jurisdiction to regulate telecommunications services A series of disputes submitted to the commission, regarding poles owned or controlled by BCE Inc., brought the issue to its attention. Rogers Communications Inc. and Quebecor Inc.’s Videotron jointly filed an application to the CRTC in May 2020. They sought an order directing Bell to process and grant small cell pole attachment permit applications according to approved support structure tariffs. Rogers and Videotron argued that Bell’s deployment of wireless infrastructure on its poles hindered competitors from deploying similar equipment promptly and cost-effectively. In response, Bell contended that tower and site sharing rules set by ISED applied to its poles, asserting that the CRTC lacked jurisdiction over licensee infrastructure sharing. Rogers also initiated several applications, starting with one on July 17, 2020, seeking an order regarding access to poles owned by NB Power due to perceived issues with joint-use agreements between Bell and NB Power. The commission suspended Rogers’ application in August 2020 due to potential overlap with other proceedings. Rogers filed a second application in July 2023, requesting orders directing Bell, its affiliates, and Telus Corp. to process and grant permits for attaching wireless equipment to their poles in accordance with approved support structure tariffs. However, on Monday, the commission denied Rogers' request for interim relief, citing failure to meet the criteria for such relief. The commission will integrate all three of the applications into this proceeding because they raise similar issues and allow it to thoroughly examine the matter. “The commission considers it important to provide greater regulatory certainty to those seeking access to ILEC-owned or -controlled support structures and to promote the efficient deployment of wireless networks, including 5G-capable networks. This will benefit Canadians by helping wireless companies compete to offer innovative and high-quality services at more affordable prices,” the CRTC wrote. The CRTC also took the preliminary view that the support structure tariffs are neutral (they do not favor any specific technology or service provided by the licensee) and asked parties to file data on whether there would be an impact if it were to require permits. Last February the CRTC issued a decision that set expedited timelines for large telephone companies to provide competitors with access to poles, increased reporting requirements for pole access requests to enhance transparency, and determined that new parties seeking access to poles are not responsible for certain costs. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca

CRTC releases consult over its jurisdiction on small cell pole attachments

News | February 5, 2024

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CRTC releases consult over its jurisdiction on small cell pole attachments

News | February 5, 2024

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