CRTC will allow Bell to keep central office location secret for disaggregated service, over TekSavvy’s objections

The CRTC had decided to allow BCE Inc. to keep certain information about its disaggregated broadband service infrastructure confidential, and will allow Bell to require competitor internet service providers (ISPs) to sign non-disclosure agreements before they hand over the information. Rejecting a TekSavvy Solutions Inc. request, the CRTC also determined Thursday that Bell will not have to include those non-disclosure agreements (NDAs) in their tariff notice for review and commentary. In June of 2021, Bell filed a tariff notice proposing changes to its disaggregated broadband offering, in which it would add the confidential address of a central office (CO) location where disaggregated service was available, alongside a Common Language Location Identifier (CLLI) code for the office, which would in turn be offered to competitors provided they sign an NDA. In an intervention TekSavvy argued that, as this was the first filing of a tariff notice for disaggregated broadband service (DBS), it would set a precedent, and asked for guidance from the commission on the procedure for such notices. The wholesale-based competitor also asked that the location of the central office where disaggregated service was being launched be made public. According to the regulator's account of events, TekSavvy argued that "there is substantial public interest in the disclosure of the location where DBS is in service." "TekSavvy argued that disclosure of the location information is critical for the implementation of disaggregated wholesale access since it would support the implementation of the disaggregated framework in a smooth, efficient, and effective manner with subsequent benefits for consumers," the CRTC wrote in its decision. Bell, for its part, "argued that there is real potential harm to its networks and those of its customers because of the significant role its networks play in ensuring public safety and meeting ongoing communications needs." The regulator sided with Bell. The CRTC wrote in its decision that it believed the "specific direct harm in disclosure outweighs the public interest and therefore determines that the CLLI codes and CO addresses of DBS-enabled COs are to remain confidential and not be released on the public record." The commission also wrote that NDAs don't need to be reviewed publicly because they "are standard agreements often used by telecommunications companies." The CRTC announced the move toward the disaggregated regime in 2015; though initially supported by some wholesale-based ISPs, the Competitive Network Operators of Canada sounded the alarm that the system had turned out to be “unworkable” in 2017, and asked the regulator to reconsider aspects of the regime. The CRTC then acknowledged that the level of disaggregation may need to be reconsidered, initiating a consultation in June of 2020 and suspending its proceeding to set final rates for the regime. In October of 2020, CNOC had requested a swath of information about how the incumbents' networks were configured, and argued that it could not meaningfully participate in the CRTC’s proceeding on the matter without such information. — Reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca

CRTC will allow Bell to keep central office location secret for disaggregated service, over TekSavvy’s objections

News | July 7, 2022

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CRTC will allow Bell to keep central office location secret for disaggregated service, over TekSavvy’s objections

News | July 7, 2022

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