By Ahmad Hathout
After receiving multiple applications over three years, the CRTC on Monday opened a proceeding on the regulation of small cell wireless equipment on telco support structures, as competitors accelerate their 5G deployments.
The regulator wants to hear from interested parties about whether it has jurisdiction over wireless facilities on those telco structures, whether the current telco support structure tariffs encompass those wireless facilities, and whether there should be a requirement for attaching telecoms to get a permit to hook up those facilities to those structures.
The commission said in the notice Monday that it holds the preliminary view that it has concurrent jurisdiction with Innovation Canada (ISED) – which handles wireless spectrum auctions – over the deployment of such equipment on telco-owned or controlled structures.
This comes in response to Bell’s argument that ISED – under its tower and site sharing rules – has sole jurisdiction over those facilities.
The regulator also said it holds the preliminary view that the current support structure tariffs are technology neutral, meaning it can include wireless facilities, but it would like to know what type of equipment or facilities are considered “small cells” before it rules on whether any changes are required for those tariffs.
Finally, on the issue of permit requirements to attach wireless facilities, the CRTC is asking for submissions on whether the wireless facilities being deployed for 5G networks have different technical requirements than Wi-Fi equipment, which the regulator determined in a 2014 decision didn’t require a permit.
The notice reasoned that, at the time of that decision, the CRTC had all the essential technical factors – including spare capacity, construction standards and interference – needed to make a determination.
In the case of 5G wireless facilities, it said it does not have a good enough insight on that.
“The Commission invites parties to file data on what the impact of requiring permits (or not) would be, and to file any proposals they have to administratively streamline the deployment of wireless facilities, such as small cells, to make them more efficient, while recognizing the needs of support structure owners and licensees,” the notice said.
The deadline for comment is April 5, 2024. The reply deadline is May 6.
The notice comes after years of competitors clamouring for a ruling on these small cells for the rollout of next generation 5G wireless technology, which requires a higher density of them because of its use of short-range millimetre-wave spectrum.
Specifically, Rogers has been banging on the regulator’s door with a couple of applications over the space of three years, the notable first one coming in 2020 – filed jointly with Quebecor – to make a determination on an allegation that Bell was delaying permit applications to attached that equipment on its poles.
Then in July last year, Rogers accused telcos Bell and Telus of delaying its requests to attach such wireless equipment on their poles, and asked the CRTC to make an interim order forcing the telcos to process its attachment requests.
The CRTC formally denied Monday Rogers’s latest request on the basis that it is now reviewing the issue.
In a related but separate matter, the Supreme Court of Canada will hear whether the CRTC has jurisdiction over municipal-owned structures to similarly streamline the attachment of wireless equipment for the rollout of 5G technology.
In that case, the big three agree the regulator does.
