Getting back to basic building access

There always seems to be an interesting proceeding to observe at the CRTC. Live hearings are the exceptional treat – you can be a voyeur on the more mundane disputes by visiting the list of Part VII proceedings.

Pick a category and you can often find a title that looks juicy. Here is a summary of one of the currently active files. The file deals with building access agreements – a subject of some of the cross examination from yesterday’s essential services hearing.

Shaw is having a tough time getting its facilities into some condos under construction in Vancouver. The developer, Concord Pacific, is letting TELUS and Novus in, but Shaw has complained to the CRTC that it cannot gain access.

There are some interesting aspects to the file:

  1. It is noteworthy that Shaw has named Novus as a respondent, but not TELUS. Why?
  2. There was a similar proceeding resulting in a decision in August. Shaw is upset because the same issues have come up again, but there has been no movement from the developer in response to the August order.

In many cases, the CRTC has extremely little power and it may lack the jurisdiction to even compel the participation of a property developer in a regulatory proceeding. This file is somewhat complicated because the service provider (Novus) is a related entity to the developer (Concord Pacific). As such, the CRTC can effectively discipline the builder through its regulated service provider affiliate.

Perhaps an effective response from Concord / Novus should include telling Shaw that it will make its buildings available when Shaw gets around to fulfilling its obligations for billing and collection. I am certain that the condo wouldn’t want a situation of its members not having long distance choice available.

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