And an expedited decision
GATINEAU — In a Part 1 application filed last week with the CRTC, Bell Mobility is asking for a new permanent roaming test to be applied when Videotron uses Bell’s wholesale roaming service.
This is the latest in a dispute between Bell and Videotron over wholesale roaming, in which Bell has previously accused Videotron of allowing a number of its subscribers to roam permanently on Bell’s network. It follows a lawsuit filed earlier this month by Bell in Quebec’s Superior Court seeking $50 million to be paid by Videotron for Bell’s loss of profit and additional costs related to the permanent roaming situation.
Bell’s application to the CRTC is a follow-up to the Commission’s decision in February 2020 which said Bell couldn’t suspend wholesale roaming services provided to Videotron (which Bell had threatened to do in June 2019).
In its application (which can be found here on the CRTC’s website), Bell claims two key developments have occurred since the Commission issued Telecom Decision 2020-48, and Bell is seeking a Commission order regarding a new permanent roaming test, on an expedited basis.
“First, Videotron is violating our Tariff by granting itself a continuing unilateral suspension exemption that allows some of its end-user customers to engage in permanent roaming. Second, there is evidence from the reports that Videotron files monthly with the Commission and Bell as a result of Decision 2020-48 that Videotron is failing to apply a number of the permanent roaming compliance measures it described to the Commission during the Decision 2020-48 proceeding,” reads Bell’s abridged application.
“The net result of these two developments is that Videotron is in continuing non-compliance with our Tariff and a mandatory Commission direction,” continues the application.
“Accordingly, we are requesting that the Commission impose a New Permanent Roaming Test that includes: (i) a new mathematical formula by which to identify permanent roaming based on a cumulative assessment period of six-consecutive months; (ii) new suspension provisions; and (iii) enhanced monthly reporting obligations for Videotron reinforced with an annual right on Bell’s part to request an independent compliance audit, all to ensure there are no further instances of non-compliance with our Tariff or with Commission orders by Videotron.
“We also recommend that the Commission impose an Administrative Monetary Penalty (AMP) against Videotron in recognition of Videotron’s pattern of intentional and persistent non-compliance,” says Bell in its application.
The Commission has set June 28, 2021 as the deadline for interventions to this proceeding.
