GATINEAU — The CRTC is putting on hold a recent application by Rogers asking the Commission to provide relief in an ongoing dispute with Bell over access to utility poles in New Brunswick owned by NB Power because the larger issue of joint-use pole arrangements is likely to be addressed during another proceeding already underway, the Commission said in a recent letter.
The issue of access to poles and other infrastructure is an age-old issue and continues to be a major challenge for the industry and will only grow when 5G gains real traction when it is rolled out higher frequencies and will require many more transmitters mounted on far more public infrastructure.
In mid-July, Rogers filed a Part 1 application requesting the Commission step in and issue an order prescribing Bell Canada’s role (and that of its Bell Aliant division) in the provision of access to NB Power’s poles. According to the application, NB Power says it cannot give other telecom carriers access to its joint-use poles without Bell’s prior approval under the terms of NB Power’s current joint-use arrangement with Bell.
“This requirement for Bell approval is currently unregulated and has resulted, and is resulting, in discriminatory and anti-competitive delays and denials of requests by Rogers to attach its telecommunications facilities to NB Power poles, including an absolute barrier at present to the attachment of small cell antennas to NB Power poles,” reads the Rogers application.
By exercising this “gatekeeper role” over access to NB Power’s poles, Bell is engaging in action that is “neither just nor reasonable, and is conferring on itself an undue preference in the provision of telecommunications services,” says the application.
In a procedural letter from the Commission, addressed to Rogers and dated August 12, the Commission says it is putting Rogers’ application on hold because the Commission has already initiated a proceeding looking at potential barriers to the deployment of broadband-capable networks in underserved areas, during which several intervenors have raised the issue of pole agreements between incumbent carriers and utility companies.
“Accordingly, the issue of joint-use pole arrangements will likely be amongst those examined by the Commission during the proceeding initiated by TNC 2019-406,” writes Philippe Kent, the Commission’s director of policy for the telecommunication sector, in the letter.
After a couple of deadline extensions, Telecom Notice of Consultation 2019-406 is now considered closed, with replies having been due by July 10.
Although the Commission’s letter says the Rogers application is on hold, interventions to the application are still being accepted until September 14.
