Shaw Communications Inc. continues to have its problems in accessing condo towers in Vancouver. The company alleges in a September 26 Part VII application filed with the CRTC that Concord Pacific Group is refusing it access to the four-tower Spectrum Towers development in Vancouver to offer communications services to residents. Shaw also alleges that Concord's related company Novus Entertainment Inc. has as a result conferred undue preference on itself contrary to section 27 of the Telecommunications Act. Shaw notes that less than two months ago the commission ruled on a similar case involving the same building developer (Telecom Decision 2007-69 and Broadcasting Decision 2007-288). In those two rulings, the CRTC determined that Novus had in fact contravened the Telecom Act, but refused to issue an order against Concord because by the time the dispute went before the commission, ownership of the property had been transferred. More importantly, however, the commission's determination in Decision 2007-69 highlighted that Novus' behaviour undermined competition, competitive pricing, service affordability and consumer choice. The present case appears to have tangible evidence though that Novus is contravening the Act because some of the units in the Spectrum Towers development are now occupied and residents are requesting Shaw services. The company alleges that Novus has been allowed to enter the building during and after construction as has Telus Corp. for the installation of telecommunications facilities. "Meanwhile, all requests by Shaw to access the Spectrum Towers to install facilities to provide broadcasting distribution and telecommunications services, including local exchange and Internet access services, have been denied by Concord," the company states in its Part VII. Shaw wants the commission to deal with this case on an expedited basis given the history of Concord and the previous building access case. Shaw wants the commission to direct Concord to provide the company immediate access to all Concord developments, specifically Spectrum Towers A, B, C and D. As well, the cable TV and telephony operator wants the commission to issue an order "prohibiting Novus from offering or providing service to any additional customers in the Spectrum Towers development until such time that Shaw has been provided a reasonable opportunity to install its facilities and is in a position to provide services at the Spectrum Towers." This likely won't be the last time an issue such as this presents itself in front of the CRTC. As long as building developers have related companies offering telecommunications and broadcasting services, it is in their interest to allow them preferential access to buildings even if it is against the Broadcast Distribution Regulations and the Telecommunications Act. Until the commission comes up with a better way of dealing with this type of conduct, competition in the multi-dwelling unit market will be harmed.