Shaw seeking access to inside wiring in Vancouver building

Shaw Communications Inc. says Concord Pacific Group Inc. isn’t complying with the CRTC’s rules regarding access to inside wiring in multiple dwelling units (MDUs). Shaw indicates that the property company has repeatedly refused it access to Concord buildings during their construction. In a Part VII filed with the commission, of which excerpts appear below, Shaw requests relief. In buildings located in areas where Concord’s affiliate Novus Entertainment is licensed to provide broadcasting distribution services, Concord has adopted and enforced a policy of refusing to permit Shaw to access and install its telecommunications facilities in its MDU developments during the construction phase. In stark contrast to its treatment of Shaw, Concord permits Novus and Telus to enter these properties and install facilities. Concord’s discriminatory treatment of Shaw came to a head in August of this year at the Concord property located at 638 Beach Crescent in Vancouver. Concord granted access to this property to Novus and Telus, but refused to permit Shaw to access the property. Following completion of construction in August of this year, a strata corporation was established for the property (Strata Corp.) and on August 21, 2006, Strata Corp. entered into an access agreement with Shaw. In accordance with this agreement, Shaw installed facilities and equipment at the property and began marketing its local exchange, high-speed internet and cable services. Then, on September 15 and at Concord’s instruction, the property manager purported to retract its signature of the access agreement on the basis that Concord had not "fully executed" its management contract with the property manager. The property manager also told Shaw that Concord wanted Shaw to remove its equipment from the property. Subsequently, the cable connecting a Shaw customer at the property was disconnected and Shaw was asked to remove its amplifier from the property immediately and to inform its customers that Shaw services would be terminated on September 30, 2006. On September 20, Novus informed Shaw that it would no longer process requests by Shaw for inside wire transfers at the property.On September 22, 2006 Shaw learned from one of its customers at the property that the property manager had circulated a notice to all Shaw customers at the property the previous day, telling them that all Shaw services at the Property would be terminated effective September 30, 2006. In view of the urgency of the situation, Shaw commenced a proceeding in the Supreme Court of British Columbia seeking an injunction preventing Concord and Strata Corp. from interfering with the rights of Shaw’s customers to receive Shaw services. The injunction proceeding didn’t proceed after Concord told Strata Corp. to refrain from interfering with Shaw’s customers rights to receive its services and relinquished control of Strata Corp. On or about November 15, 2006, the terms of an access agreement with Shaw were approved. The actions by Concord and Novus at 638 Beach Crescent clearly demonstrate the steps that Concord and Novus will take to ensure that Novus has exclusive access to Concord properties for as long as possible. Shaw has every reason to believe that Concord will continue to enforce its access policy in other buildings and bar Shaw from Concord-developed properties in areas served by Novus absent a clear declaration from the Commission that this policy and the actions of Novus contravene the commission’s MDU access requirements, the Telecommunications Act and the Broadcasting Distribution Regulations.

Shaw seeking access to inside wiring in Vancouver building

News | December 8, 2006

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