Telecoms back Quebecor over Bell support structure access

Small telecommunications providers, the Canadian Communications Systems Alliance and Rogers Communications Inc. have all filed interventions with the CRTC supporting Quebecor Inc.’s Part 1 application over access to BCE Inc. support structures, saying they’ve encountered the same issues gaining access. In a Part 1 lodged last month, Videotron accused Bell of unreasonable delays in responding to requests for permits and delaying access to its support structures, such as poles and towers. It also said Bell didn’t respect construction standards, and offloaded costs to replace outdated or deteriorated structures onto those requesting access. Ontario-based internet service provider Community Fibre Company Inc. said it had encountered similar problems, filing an intervention claiming Bell used a pattern of “delay and deny” in assessing permit applications for support structure access, accusing it of abusing the process to push permit response times beyond the 15 and 30 day timeframes detailed in Bell’s Support Structure Service tariff. Permit processing delays have cost Community tens of thousands of dollars in lost revenue already in 2020, the company claims in its intervention, stating it has no “reasonable means” to recover that loss. Community outlined three processes where it took Bell more than 100 days to approve its permit request, and another where the request was denied more than a year after the application was made. “Requiring Bell Canada to make all reasonable attempts to grant permits within the tariffed 15 and 30 day response times is the most appropriate mechanism to prevent further damage of this nature,” Community said in its intervention, dated July 22. Community also claimed Bell placed unauthorized attachments on poles owned by Ontario’s Hydro One Ltd., while refusing to allow Community to do the same, as well as moving to provide service to the same areas Community intended to, shortly after receiving permit applications. “Failure of the commission to address Bell Canada’s abuse of the permitting process as documented by both Videotron and the Community Fibre Company will allow Bell Canada to exploit its privileged position as a support structure owner for its own benefit,” Community said in its intervention. “Access to support structures should be symmetrical between both Bell Canada and third-party attachers.” The Independent Telecommunications Providers Association (ITPA) said in its intervention that informal feedback from one of its Quebec-based members indicated that Bell “routinely fails to deliver on the response times dictated by its tariffs” and was able to do so without any consequences. “The Commission must address Bell Canada’s lack of compliance with its tariff,” the ITPA said in its submission. The CCSA also filed an intervention pointing to comments it made in response to the CRTC’s consultation on potential barriers to the deployment of broadband in underserved areas, where its Quebec-based members alleged Bell took up to 24 months to provide access to its structures and required prospective tenants to pay maintenance costs. Rogers, which outlined issues accessing Bell’s support structure in both the CRTC’s wireless services review and the barriers to broadband deployment consultation, called on the commission to use expedited hearings into disputes relating to access to incumbent local exchange carrier (ILEC) support structures, as well as changes to the permitting process. In its intervention, however, Rogers said the “necessary and long overdue” tariff amendments could take several months, meaning Videotron, Rogers and other competitors “could be subject to continued abuse during that time.” “Therefore, Rogers encourages the Commission to address all Part 1 applications individually and expeditiously, including Quebecor’s application, and not delay resolution of these urgent specific examples of abuse pending the conclusion of the broader tariff proceeding that is also required,” Rogers’ intervention states. In a French-language intervention, Bell refuted Videotron’s claims that it delayed support structure access and the permit process, took advantage of access requesters by requiring them to replace obsolete or damaged support structures and unreasonably applied its standards of construction. Bell said the drawn-out processes cited by Videotron showed network construction and pole management could be a complicated process, but stressed the majority of requests were approved without preparatory work being required. Bell rejected seven per cent of Videotron’s support structure requests (including temporary rejections) and only five per cent of columns and strands required preparatory work, the company said in the intervention, statistics it said were in line with other ILECs. Bell also said it had submitted proposals to a coordination table focusing on high-speed internet access -- consisting of Bell, Telus Corp., Hydro-Quebec and the Quebec government -- that would allow “greater flexibility in preparatory work.” “These proposals are currently under discussion and we anticipate flexibilities that may benefit" all the companies that access Bell structures, including Videotron, "in the near future,” Bell said in its intervention. Videotron’s application follows another Part 1 it filed jointly with Rogers asking the CRTC to allow the companies to attach small cell technologies to Bell’s poles at rates set by the Support Structure Service Tariffs following years of unsuccessful negotiations. -- With reporting by Adam Langenberg at alangenberg@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Telecoms back Quebecor over Bell support structure access

News | 07/23/2020 5:42 pm EDT

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