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A cell tower in Quebec City, Que. Wikimedia Commons

Ottawa changing cell tower regulations, asks for input on improving telecoms competition

For the first time in nearly two decades, the federal government is updating Canada’s regulatory framework for cell towers.

The proposed changes, introduced by Innovation, Science and Economic Development Canada (ISED) on May 11, seek to “reduce the regulatory burden” on wireless providers, broadcasters, and anyone else looking to build new towers.

“The Government of Canada recognizes the vital role that wireless services have come to play in Canadians’ everyday lives as well as in emergency situations,” wrote the federal department. 

“Increasing the availability of wireless services in turn necessitates increasing investment in physical wireless infrastructure, including antenna towers.”

The country’s tower siting policy hasn’t been substantially amended since 2007. 

ISED is exploring a new timeframe for local land use authorities (LUAs) to issue determinations on a new build.

Currently, the federal industry minister has the final decision-making power for proposed towers, but Ottawa customarily encourages private proponents and local entities to negotiate a solution, only choosing to intervene as a last resort.

Under the new structure, LUAs would have 45 days to indicate agreement or disagreement with the project proposal. If the two parties do not reach a solution, it is incumbent on the municipal agency to notify ISED, which will then make the final decision.

If the local authority does not notify the federal government, the tower will be allowed to proceed as planned.

“Given the proposed concurrence timeframe and the default approval of the tower in the absence of a dispute being raised by the LUA, ISED is of the view that proponents will have little need to seek dispute resolution themselves,” read the proposed changes. 

The federal department is also considering changes to the “15 metre exclusion,” a longstanding policy that exempts certain towers shorter than 15 metres from public consultation obligations.

Under the current approach, telecommunications operators, broadcasters, and third-party tower owners are not eligible for the exclusion, though ISED said it may standardize the rule.

“Not allowing certain proponents to use this exclusion may cause confusion among LUAs, proponents and Canadians, and imposes asymmetric regulatory burden on certain proponents,” wrote ISED, which is also looking at changing the maximum project height to qualify for the exemption. 

Other amendments include removing the requirement for tower operators to present local stakeholders with physical information packages. Instead, ISED suggests a new online portal that would give community members digital access to project details, allowing them to submit comments directly to proponents in a centralized forum. 

As part of the changes, tower operators would be forced to display physical signs at the tower’s proposed location, directing stakeholders to the online portal, which must also feature answers to commonly asked questions, including the rationale behind a chosen tower site and potential environmental implications. 

“ISED believes that, instead of paper notification packages, proponents may see a reduction in administrative burden by using a digital tool,” reads the government website.

Additional proposals included removing requirements for licence holders to invest in research projects, lessening annual reporting requirements for tower operators, and removing federal dispute resolution mechanisms for certain issues around tower sharing. 

ISED emphasized that all changes are “intended to enhance overall competition… in the sector,” and sought public suggestions to help achieve that goal related to cell towers and all other “authorities” under the Radiocommunication Act.

Last month, the Liberals vowed to bring forward a Telecommunications Competition Roadmap, as part of the government’s spring economic update, though the pledge featured very few details.

The proposed regulatory changes were brought forward as part of the government’s ongoing red tape review, initiated last July. 

According to ISED, the updated policy would help tower operators see “reduced costs associated with regulatory compliance and a more efficient environment in which to invest and expand networks while continuing to promote transparency, efficiency and service continuity.”

The Canadian Telecommunications Association did not immediately respond to The Wire Report’s request for comment. 

Interested parties have until July 16 to submit comments, and there is no timeline for finalized regulations. 

dlegree@thewirereport.ca