GATINEAU – On Friday, the CRTC agreed with Videotron’s complaint Bell has been obstructing use of its poles.
Videotron filed a complaint with the CRTC in June alleging ongoing problems gaining access to Bell’s support structures.
“The Commission determines that Bell Canada violated section 24 and subsections 25(1) and 27(2) of the Telecommunications Act and violated its National Services Tariff and the Support Structure Licence Agreement between it and Videotron Ltd (Videotron). Accordingly, the Commission determines that enforcement action regarding these violations may be taken against Bell Canada. The Commission’s preliminary view is that an administrative monetary penalty (AMP) should be imposed on Bell Canada to deter future violations and promote compliance with regulatory requirements. The Commission will initiate a follow-up proceeding through a notice of consultation to determine if an AMP is appropriate and, if so, the amount of the AMP,” reads the decision.
And, the consultation on an AMP for Bell says “The Commission hereby invites interested persons to comment on whether it is appropriate to impose an administrative monetary penalty (AMP) on Bell Canada and, if so, what the appropriate AMP amount would be.” The maximum fine it can impose for a first offence is $10 million, rising to $15 million for a second offence.
In response, Videotron issued a press release reveling in the decision just a bit. “The federal regulator’s response is unequivocal: Bell has contravened numerous regulations and deliberately violated the Telecommunications Act. The CRTC directed Bell to complete, at its own cost, the make-ready work required under applications for access permits,” reads the release.
“The CRTC found that the preference Bell Canada has granted itself and the disadvantage it has imposed on Videotron are undue and unreasonable. The Commission further found that Bell’s arguments to justify the delays were not valid but rather consistent with Bell’s practice of giving itself more efficient access to build out its own network.
“Clearly this anti-competitive behaviour, which has been denounced by Videotron and many other industry stakeholders, must stop,” reads the release.
The company also reminded it is awaiting a court ruling on the lawsuit for damages it filed in the same matter in September 2020.
