Shaw appeal for access to Vancouver buildings turned down

Earlier this month, the CRTC denied an application from Shaw Communications requesting immediate access to certain buildings in downtown Vancouver. The company noted in its appeal that rival provider Novus Entertainment had given itself preference in deploying telecommunications facilities within the Cooper's Quay development, an act that runs counter to section 27 of the Telecommunications Act. Novus is an affiliate of Concord Pacific Group, the developer of Cooper's Quay.In its decision, the commission notes that only Canadian carriers fall under the auspices of the Telecom Act and therefore property developer Concord Pacific Group can't run afoul of section 27. "Concord's refusal to permit Shaw to access its development could not, by itself, constitute a violation of subsection 27(2) of the Act," wrote the CRTC.The commission didn't stop there though, concluding that a benefit of undue preference doesn't constitute a violation of section 27. "The Commission finds that even if Novus has benefited from an undue preference given to it by Concord, Novus did not act in violation of subsection 27(2) of the Act by merely receiving such benefit," the CRTC wrote in Decision 2008-69.The decision also noted that consumer choice and Shaw have not been negatively affected by the actions of Novus and Concord, and therefore can't rule in favour of the cable, Internet and telephony provider. "Based on the record of this proceeding, the commission is unable to conclude that there has been or is likely to be a material adverse impact on Shaw or subscribers or that the policy goal of end-user choice is not being achieved, as customers will have choice amongst competing service providers," concluded the CRTC.This decision appears to stand in stark contrast though to a previous CRTC decision on a similar matter involving Shaw and Novus. In that case, the commission ruled that Concord/Novus had in fact run amok of CRTC regulations and provisions of the Telecommunications Act in denying Shaw access to a number of buildings in Vancouver during their construction."The commission considers that by not allowing access to some service providers during construction, some residents were denied the choice of those service providers for their telecommunications services at the time they moved into this building," read Decision 2007-69. "As stated in Telecom Decision 2003-45, the commission considers that LECs should have the ability to access and enter into MDUs during and after construction in order to connect and/or install their facilities, as well as to repair and maintain them to provide reliable, high-quality service to end-users. As further stated in Telecom Decision 2003-45, building owners are expected to cooperate with LECs to enable them to access end-users in their MDUs, in accordance with the MDU access condition."

Shaw appeal for access to Vancouver buildings turned down

News | 08/18/2008 6:21 pm EDT

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