OTTAWA – The CRTC has found in favour of Toronto-based local exchange carrier Beanfield Technologies Inc. after it claimed that it was denied timely access on reasonable terms and conditions to provide services in certain multi-dwelling units in that city.
Beanfield filed a complaint with the Commission dated December 22, 2015 alleging that Toronto Standard Condominium Corporation No. 2322 denied it access to the multi-dwelling unit (MDU) buildings located at 65, 75, and 85 East Liberty Street (the East Liberty Street MDUs) in downtown Toronto.
Noting that Bell Canada, Coextro, and Rogers Communications are permitted to offer services to residents at those addresses, Beanfield argued that there has been “an outright denial of access to the East Liberty Street MDUs, and that such denial violates the guiding principles of Telecom Decision 2003-45 (the MDU framework) and hampers the development of facilities-based competition in these MDUs.”
The Commission agreed with Beanfield on Monday, vowing to apply “increasingly stringent regulatory measures” in the name of competition and consumer choice if access is not provided.
Specifically, the decision says that if Beanfield is not granted access to the East Liberty Street MDUs within 60 days, Bell Canada, Coextro, and Rogers Communications will not be permitted to provide services to any new resident of the MDUs nor to any current residents who are not existing customers of those telecommunications service providers.
Furthermore, if Beanfield is not granted access within 90 days of the decision, Bell Canada, Coextro, and Rogers will not be permitted to upgrade or otherwise modify the services they are providing to any current resident. Should the company not be granted access within 120 days, the Commission pledged to “explore all regulatory options available to it”, including issuing an order under section 42 of the Act, and issuing a decision that could result in Bell Canada, Coextro, and Rogers not being permitted to provide any services to the East Liberty Street MDUs.
In addition, the CRTC ordered Beanfield and Toronto Standard Condominium Corporation No. 2322 to provide monthly updates on their negotiations, with the first report to be filed within 30 days of the date of this decision.
