By Ahmad Hathout
Bell is reiterating its claim that a building manager has illegally disconnected its services by removing some 18 feet of wire after the manager said it has not removed all the wiring in the multi-dwelling unit in Kitchener.
Bell filed a Part 1 in November asking the CRTC to get involved in restoring access to the building at 203 Mausser Ave. after it alleged the management had removed in late September its wiring and internal terminal and was seeking a “less invasive” alternative wireless solution. Bell said it was rebuffed and refused access.
The building management responded claiming it had just purchased the building in October 2022 and has never entered into a written building access license agreement with Bell. It also claims the CRTC does not need to get involved because Bell is still able to provide services, such as implementing a wireless solution, that it is not refusing the telco access, it did not remove all the wiring, and the parties are involved in negotiations for access that are timely, fair and reasonable.
But Bell, in its response Friday, alleges the building’s claims don’t stand up to scrutiny. Bell says the claim that it can still provide services because “all” of its wires are not cut are inconsistent with customers complaints about disconnection inside the building. Bell claims customers have cancelled their services out of frustration.
The telco also claims that it has not been allowed to physically go inside the building to address the issues and that it cannot confirm that Rogers — which is used by the management as an example of a telecom using a wireless solution — even has such a solution for the building. Bell claims that it appears to it that Rogers is using wireline for the building.
In addition: “There has been no agreement from Respondent and Manager to permit us to effect repairs, nor any consent given to restore our full access rights to resume operating our facilities to offer and provide services to residents,” Bell said in the reply. “The negotiations about fully restored access, which Respondent references in its pleading, have not yet taken place.
“In the more than 20 years since the Commission first established its multi-dwelling unit (“MDU”) access framework, this continues to be one of the most egregious examples of an MDU owner willfully damaging and removing a carrier’s facilities and blocking them from serving the MDU, with the expressed intention of abrogating the communications service choices of its tenants and imposing its own,” Bell added.
Bell is asking the CRTC to declare that the telecom is being denied reasonable access; to order that it be granted access; to order each telecom and party serving the building to confirm the communications services it provides and units it serves; and order the owner/manager to disclose the identities of all parties who serve the building.
If at 30 days after the CRTC’s decision Bell is still denied access, it is asking that the regulator prohibit providers from servicing new occupants and upgrading or modifying services on the grounds of fair competition.
If the denial of access gets to 45 days, Bell is requesting that it be able to inspect the extent of any alleged damage by the owner/manager to its equipment, the steps required to repair or replace it, and to relocate the equipment to another suitable location in the building, if required.
