Court
(Graphic by Naomi Wildeboer/Hill Times Publishing)
CRTC confirms ILECs must offer small cell pole access to competitors
Regulatory | | May 14, 2025
In a Wednesday, May 14 ruling, the CRTC told incumbent telephone companies (ILECs) they must offer their competitors (CLECs) access to their support structures. CLECs can place their own equipment on the towers of the established firms but will require permits to do so.
Cellular radio access points, generally known as small cells, are needed to provide 5G coverage. Two years ago, the commission determined that it has jurisdiction over cell towers and strands administered by the ILECs.
In 2020, Quebecor Inc. applied for access to BCE Inc. poles. Rogers Communications Inc. later filed a similar application that same year. The regulator began its consultation last year.
First the CRTC considered if it even had jurisdiction. Bell and Saskatchewan Telecommunications Holding Corp. (SaskTel) suggested such power lay with the department of Innovation, Science and Economic Development (ISED). Other intervenors disagreed. Wednesday’s decision reaffirmed the commission’s jurisdiction.
Next the regulator looked at whether there are enough differences between small cells and Wi-Fi equipment to justify different treatment. Wi-Fi equipment is connected to strands; small cells are connected either to stands or to the poles themselves. The incumbents maintained there is enough of a difference, while the competitors argued the opposite. The commission agreed with the CLECs and no separate policy will be put in place.
Thirdly, the CRTC asked if existing tariffs adequately address small cell deployment. Bell and Telus Corp. argued that new tariffs should be imposed while SaskTel, Quebecor, Rogers, and Bragg Communications Inc.’s Eastlink division took the opposing view. The regulator found that the current tariffs are sufficient.
Lastly the question was raised if permits are necessary to connect small cells to poles and strands owned or controlled by the incumbents. Rogers said they were not necessary; all other intervenors said they were. The commission agreed with the majority and permits will be required.
