CRTC rejects Bell’s challenge against wireless attachment jurisdiction

The CRTC has dismissed BCE Inc.’s application challenging the regulator’s preliminary view that the attachment of wireless facilities to support structures owned or controlled by incumbent local exchange carriers (ILECs) is within its jurisdiction. Tuesday, the CRTC ruled that there was “no genuine issue” raised in Bell’s application because the jurisdictional question is already being considered in the ongoing consultation. “Accordingly, the commission considers that proceeding to be the most appropriate, comprehensive, and efficient way for the commission to provide greater regulatory certainty to parties seeking to attach wireless facilities on ILEC-owned or -controlled support structures,” wrote the CRTC. Last month, the CRTC launched a consultation on the issue, considering changes to the rules that allow third parties to attach wireless equipment – such as small cells – onto ILEC-owned poles. Small cells are low-powered radio access points that are critical to the expansion of 5G networks and need to be strategically placed on various structures. Bell took issue with the regulator’s preliminary view that it shares jurisdiction with the department of Innovation, Science and Economic Development. The company asked the CRTC to refer the consultation’s jurisdictional question to the Federal Court of Appeal, or wait to deal with the other issues raised in the proceeding until its jurisdiction has been properly determined. The CRTC refuted Bell’s argument that its preliminary view prejudges the issue, explaining that it provides preliminary views “as a transparent way to seek feedback on specific issues” and that parties can still submit information in response to those views. The CRTC received procedural requests from Rogers Communications Inc., Quebecor Inc., Bragg Communications Inc.’s Eastlink and the Public Interest Advocacy Centre (PIAC), all of which opposed Bell’s application. “Bell is using a frivolous and dilatory tactic here to, once again, delay the deployment of competing facilities and thus delay the establishment of healthy competition in the telecommunications market in Canada,” Quebecor argued in its French-language submission. Bell is trying to “‘cut the line’ and go straight to court, without the requirement to seek leave, if the commission’s answer to the jurisdictional question is not to their liking,” argued PIAC. Bell stood its ground in response, claiming that its requests are “a good faith attempt to obtain the quickest, most efficient, judicial determination regarding the commission’s jurisdiction in this matter, and an attempt to use the commission’s and interested parties’ resources as efficiently as possible.” Bell argued that it is “perfectly legitimate” for the CRTC to refer questions of its jurisdiction to the Federal Court of Appeal. Doing so would save time because the matter would be resolved in one proceeding as opposed to multiple, it added. Bell explained that it will request a review of the CRTC’s determination on its jurisdiction and then file a leave to appeal application with the court. The CRTC noted that it did not consider the opposing procedural requests as part of its decision to dismiss Bell’s application. – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca.

CRTC rejects Bell’s challenge against wireless attachment jurisdiction

News | March 12, 2024

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

CRTC rejects Bell’s challenge against wireless attachment jurisdiction

News | March 12, 2024

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

Ericsson invests $634 million in R&D in Canada

Ericsson proud of research and development facilities in Canada

Rogers spends $8 million upping capacity at Toronto stadium; TTC work remains underway

SaskTel rolls out 5G service to more than 50 rural and remote areas

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us