CRTC needs clarity over who can resolve 5G rollout disputes: Scott

OTTAWA — The head of Canada’s telecom regulator says clarity on where it stands when it comes to resolving disagreements over the rollout of 5G infrastructure is one question the Senate should consider in its review of Canada’s communications laws. CRTC chairman Ian Scott told senators on the transportation and communications committee Tuesday that the rollout of next-generation wireless infrastructure poses a challenge for the regulator because new ‘passive infrastructure’ areas, sites like hydropoles and ducts where telecom companies will want to set up transmission hardware, will “cut across provincial and municipal jurisdictions, as well as private interests.” Scott said “the problem is only going to get more complicated and what is required in the legislation is some clarity,” responding to a question from Conservative Sen. Fabian Manning. Scott said the nature of 5G technology will require small “pizza box” sized cells to be installed in all kinds of new public and private areas – lampposts, bus shelters and private buildings. But the CRTC lacks full jurisdiction to resolve installation disputes, and said it needs “certainty” over how it can address right-of-way issues. One solution, he said, could be legislative changes allowing the CRTC to resolve disputes by ordering access or setting-out guidelines. “Having the CRTC have jurisdiction over these matters is one possible approach. But you’re talking about federal/provincial/municipal jurisdiction, and it’s a complicated matter.” He noted that currently, the CRTC has some jurisdiction over access agreements between telecoms and municipalities, but doesn’t have authority to set rates over attachments to infrastructure from provincial electrical utilities. That’s something telecoms have asked the government to change. Scott told senators he could not “overstate the importance” of fixed broadband internet and 5G technology to Canada and its competitiveness, and that resolving jurisdictional issues is “critical to the future deployment of 5G.” The Senate committee has been studying Canada’s communications laws, adjacent to a separate panel review launched by the Liberal government taking place at the same time. Scott also suggested new administrative monetary penalties (AMPs) could be a useful “tool” for the CRTC, allowing it to levy fines against broadcasters over small issues such as not properly displaying closed-captioning or commercials that are too loud — rather than having to launch a lengthy and costly process to revoke their licences. He said the penalties could “address non-compliance more quickly and efficiently.” Scott noted the CRTC already uses administrative monetary penalties to enforce the Unsolicited Telecommunications Rules, including the National Do Not Call List. “They work, and they incentivize compliance with the law,” he said. Scott warned senators there’s a “real danger” of drafting legislation that is “too prescriptive,” and that could hamper the regulator’s ability to adapt to technological changes. “Given the pace at which communications technology is changing, a flexible and nimble toolkit will be critical to our future success,” he said. He said senators should look to the CRTC’s Harnessing Change report, released at the end of May this year, for policy ideas on production and distribution of Canadian content. Independent Sen. Howard Watson and Conservative Sen. Michael MacDonald asked Scott if it would make sense to consider removing the digital media exemption order to have over-the-top providers abide by Canadian content obligations – something that a number of unions have previously called for, and which Watson said could “level the playing field.” Scott replied that removing that exemption order would lead to licensing OTT providers, which means they would need to be Canadian, but many are foreign-based. “It might be short-sighted of us if we simply say the best approach is to apply the traditional tools,” Scott said. Independent Sen. Rosa Galvez asked if the CRTC should be split in two — with one regulator set up to address telecom technology and the other content. Scott said the broadcasting and telecommunication acts are already separate, and the global trend in regulators is the opposite direction: integrating more aspects of communications under one regulator. Scott also told senators it doesn’t really matter if the government keeps separate broadcasting and telecommunications acts or rolls them into one—– the important part is what’s in the content of the laws and whether that substantially changes. Liberal Sen. Denis Dawson said the committee will need top CRTC officials to appear before it again before it drafts its report next spring. Wednesday night, the committee will hear from the government’s own panel reviewing Canada’s broadcasting and telecommunications laws. — With reporting by Kyle Duggan at kduggan@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

CRTC needs clarity over who can resolve 5G rollout disputes: Scott

News | 10/30/2018 4:34 pm EDT

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