Rogers, Shaw want CRTC to force B.C. to pay for infrastructure relocation

Rogers Communications Inc. and Shaw Communications Inc. have asked the CRTC to require British Columbia's Ministry of Transportation and Infrastructure to either pay half of the costs of mandatory relocation of their telecommunications infrastructure, or the same reimbursement the province gives to Telus Corp., "whichever is greater," according to a joint Part 1 filed Friday by the two companies. If the CRTC won't make the province pay the relocation costs mandated by the B.C. ministry, Rogers and Shaw want the regulator to make Telus cover their costs themselves, "unless and until" Telus negotiates a deal with the province that gives Rogers and Shaw the same deal as Telus has with the ministry for relocation costs. Because of Telus's position as a historical monopoly in B.C., the Part 1 application said, most of Rogers' and Shaw's transmission lines on, over, under and along B.C. highways are supported by poles owned by Telus and the utility companies BC Hydro and FortisBC, and the province has a "single pole line policy" that prevents Rogers and Shaw from building their own poles. The ministry, Rogers and Shaw point out in their application, has an agreement to compensate Telus and the utility companies for costs when they are forced to relocate infrastructure. Rogers and Shaw said in the application they have been trying to negotiate agreements with the ministry to get the same deal, but to no avail. Quoting ministry documents, Rogers and Shaw point out that the ministry says it will only provide compensation for costs to "only to the structure permittee (and not licensees).” "The anti-competitive impact of this conduct is material," Rogers and Shaw said, though the Part 1 application redacts exactly what amounts the companies say they have to spend on relocations. The arrangement constitutes an undue preference, the two companies argued, and puts the future of their networks in B.C. at risk. The ministry's "refusal to provide any compensation for relocation costs puts our existing and future plant on BC highways at risk. BC highways represent crucial long-distance links for Rogers’ and Shaw’s wireline and wireless telecommunications networks," the companies wrote. "If Rogers and Shaw are forced to spend hundreds of thousands of dollars for highway relocations, these expenditures take away from our overall build plans in the Province." Rogers and Shaw said the arrangement with Telus is also at odds with the 2019 Innovation, Science, and Economic Development policy directive to the CRTC, which prioritizes competition and affordability in telecommunication regulation. "The undue preference conferred on TELUS undermines the ability of competitors such as Rogers and Shaw to compete effectively and efficiently and to extend high quality affordable services throughout BC while complying with the single pole line policy," the companies wrote. Rogers declined to answer questions about whether or not the problem also exists in other provinces, or why the company filed a Part 1 application now. Shaw did not immediately respond to questions. — Reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Rogers, Shaw want CRTC to force B.C. to pay for infrastructure relocation

News | October 6, 2020

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Rogers, Shaw want CRTC to force B.C. to pay for infrastructure relocation

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