Bell turns to CRTC after Montreal’s Outremont district rejects fibre rollout

Bell Canada Enterprises Inc. is asking the CRTC to step in and mediate a decision from Montreal's borough of Outremont that rejected the company’s plan to roll out fibre-to-the-home services in the district. In an application submitted to the commission last week, Bell said that the decision, from Outremont's urban planning committee, is “unreasonable” and limits the development of telecom services. Bell continues to expand its Bell Fibe Internet and Internet-protocol TV service, connected by fibre-to-the-node networks, in major cities including Montreal, Quebec, Toronto. The company seeks to roll out the next-generation fibre network in the 4,700 household district of Outremont. The company said the committee’s decision, which cited aesthetic and health reasons for denying the roll out, prevents Canadians from accessing quality telecommunications services that are “safe and affordable.” Bell said in its application that it is seeking the commission’s authorization to build the network infrastructure according to conditions set out by the Commission of Electrical Services of Montreal (CSEM). The company said the electrical services commission “manages agreements made between the city and various companies who are allowed to install poles and electric, or telecommunications wires.” Bell said that certain sectors of Montreal’s Outremont district have reached their maximum capacity and the committee’s refusal prevents residents from increasing the capacity of their existing services and turning to new fibre services. Bell said it received an email from Sylvain Garcia, technical planning officer for the Outremont district, on July 14, 2011, informing the company that the proposed project was refused. “This refusal is based on the deplorable aesthetic, which lacks refinement in terms of design, as well as the alleged health and noise impacts related to waves emitted by fibre-to-the-home equipment,” the advisory committee said in its email to Bell. Bell wrote in its application that the committee has no grounds to deny the project on the basis of technology because the fibre-to-the-home infrastructure is “passive and is not powered by an electric source.” Bell added: “This equipment therefore does not produce noise or electromagnetic waves.” Richard Paradis, president of consulting firm CIC in Montreal, said in an interview that he was surprised at the city’s reaction to Bell’s proposal. He said that, in many ways, the company has historical rights of passage in Montreal because it owns the posts that are used for telecom services. Paradis noted that, in terms of the reasons for the committee's rejection, Bell's infrastructure does not differ from that used for cable. “It’s exactly the same thing,” he said. He said Outremont's current service provider is Quebecor Media Inc. subsidiary Videotron Ltd., a broadcasting, wireless and telecom competitor of Bell's in the province. Paradis said he understands the committee’s concerns about aesthetics. “In many places where they’ve been putting Bell Fibe , they often leave big loops of wiring on the posts, in some areas of the city streets,” he said. “But normally when they do that, it’s because they’re not finished laying out the fibre within the street.” Paradis said the amount cable used for the installation of fibre to the node is substantial. Bell said in its application that Garcia informed the company last September that its proposal was refused in part because Bell had not proposed an aesthetic integration with annual vegetation. Garcia said that the advisory committee was concerned about the amount of Bell infrastructure and equipment, which would “probably become the subject of future requests,” according to Bell's application. Garcia said the committee is considering a possible consultation for distributors to present projects that are more “integrated,” according to Bell's application. “Bell does not offer other alternatives, and makes little effort for insertion,” Garcia is quoted as saying in the Bell application. “Especially for Montreal, which is recognized as a city of design.” Bell said that it is “particularly disappointed” by this point because its efforts were marked by a “lack of direction and cooperation from the committee.” Bell's application added: “During the entire process and despite the considerable efforts made by the company, all the suggestions for improvement from the company were rejected.” Sylvain Leclerc, a spokesman for Montreal’s Outremont advisory committee, told The Wire Report in a phone interview Wednesday that the discussion about Bell’s new network is focused on aesthetics because the Outremont district is similar to the historical and prestigious Westmount area. “There was opposition from our committee because these new boxes and cables were going to be poorly integrated into the urban architecture of Outremont,” he said. Bell has asked the CRTC to require interested parties to submit comments within 14 days of the filing of its application, which was submitted March 2. The company is seeking an order under section 43(4) of the Telecommunications Act that authorizes the company to build out its fibre network according to the City of Montreal's rules for cable networks. Bell said it is requesting an exemption order under section 42(1) and 42(2) of the Telecom Act stipulating that all costs related to the enhancement of Outremont's landscape be attributed to the district before the execution of work. The company said its request is reasonable because it hired an architectural landscape firm to tour its proposed network junction sites, which the Outremont committee refused to attend. "The Telecommunications Act gives communications companies access to public places to install, maintain or operate their equipment, subject to municipal consent for the construction of those networks," Jacqueline Michelis, a spokesoman for Bell, said in an emailed statement. She said Outremont has rejected the installation of about 16 cable cabinets necessary to serve the 4,700 homes in the district. "While Bell hired landscape architects to accompany officials from both the company and Outremont to all the sites to discuss how to better integrate the boxes in the urban environment, the city refused to take part and has failed to propose any other solution," Michelis said. "Bell's next-gen networks are crucial to the Canadian digital economy and any delay can only be detrimental to the businesses and citizens of that community." Paradis said Bell’s decision to turn to the CRTC for a solution is understandable. “If different cities keep doing this, it doesn’t do much in allowing for competition,” he said. Leclerc said the Outremont district is dealing with companies looking to establish Internet as well as mobiles services. “Right now, there is also an antenna deployment from all networks,” he said. “There’s Rogers , Bell, Videotron, for cellular service, and we’re trying to regulate that.” Leclerc said the network expansions cause problems in a historical community like Outremont “because there are fairly strict planning standards.” He said the situation with Bell's fibre network rollout is deadlocked and should be mediated by the commission. dgrenier@thewirereport.ca

Bell turns to CRTC after Montreal’s Outremont district rejects fibre rollout

News | 03/07/2012 11:56 pm EST

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