UPDATED: CRTC orders Cogeco to maintain TekSavvy’s access to facilities

The CRTC has ordered Cogeco Inc. to maintain TekSavvy Solutions Inc.’s access to internet facilities scheduled to be decommissioned and upgraded to fibre technologies at two locations in Ontario. The interim order – issued on Monday and shared with The Wire Report, but not yet public on the CRTC’s website at the time of publishing – stems from a dispute between the telecoms over Cogeco’s intention to replace existing coaxial-based infrastructure with fibre-to-the-premises (FTTP) technology at two sites in Burlington and Windsor, Ont. The transition would have disconnected TekSavvy’s customers from its internet services because competitors do not have access to FTTP facilities under the wholesale high speed access (HSA) framework. The CRTC’s decision requires Cogeco to maintain competitor access to all premises at the sites, which could include keeping the existing coaxial facilities or providing competitors access to the replacement FTTP facilities at the current wholesale rates of coaxial facilities. TekSavvy’s VP of regulatory and carrier affairs Andy Kaplan-Myrth said in a statement to The Wire Report that the company is “pleased” with the CRTC’s decision to address the issue “in a way that supports competition and is consistent with its past approach,” referring to a 2016 case against Rogers Communications Inc. where the CRTC determined that replacing existing infrastructure with fibre facilities without providing access to competitors violated the Telecommunications Act. “The decision sends a clear message to all carriers that they must maintain competitive access in areas where they remove copper facilities and replace it with fibre,” said Kaplan-Myrth. Cogeco declined to comment. In its decision, the CRTC explained that the loss of service for TekSavvy customers, if it were to lose wholesale access at the sites, would cause direct and irreparable harm. In response to Cogeco’s defense of its plans, the CRTC pointed to the “limited viability” of disaggregated FTTP access as a competitive alternative for TekSavvy to continue serving its customers. It is also “unlikely” that customers could be transitioned to disaggregated service before the scheduled replacement date of May 1, the regulator added. Although some of the issues raised by TekSavvy are being considered in the CRTC’s ongoing review of the wholesale HSA framework, the commission dismissed Cogeco’s arguments to throw out the complaint because “customers are at risk of being disconnected.” “While the commission encourages and supports investment in high-quality networks, ultimately, we have to consider the impact that the decommissioning of these facilities would have on consumer choice and on competitors,” said the CRTC. – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca This story was updated to reflect Cogeco's decline for comment.

UPDATED: CRTC orders Cogeco to maintain TekSavvy’s access to facilities

News | April 9, 2024

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UPDATED: CRTC orders Cogeco to maintain TekSavvy’s access to facilities

News | April 9, 2024

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