By Ahmad Hathout
Internet service provider Fibernetics is asking the CRTC to stop Eastlink from decommissioning legacy facilities it relies on to provide service to customers in Nova Scotia.
The wholesaler said in a Part 1 application, made public Thursday, that it was notified in February that Eastlink was completing a technology upgrade in Sydney that would transition its network from coaxial to fibre by September 1, meaning its third-party internet access service (TPIA) would no longer be available for two of Fibernetics’s customers.
Fibernetics claims it asked Eastlink to either suspend decommissioning until after the CRTC makes a ruling on those practices of the cable companies or, alternatively, to allow it to bundle its transport and last-mile fibre facilities – which Eastlink is not mandated to provide – until that commission decision is made.
“Eastlink responded to Fibernetics’ request that neither suggested alternative would be an option, and that Fibernetics would need to source an alternate TPIA provider in the area,” the complaint reads.
Eastlink said it doesn’t have a comment now, but will provide a reply to the CRTC by April 20.
Richard Schleihauf, Fibernetics’s vice president of regulatory affairs and carrier relations, told us he couldn’t say if these two affected customers are residential or business, adding that it’s irrelevant.
“Cablecos are not mandated to provide [fibre-to-the-premises] access like the telcos are required to, so the cablecos provide themselves with zero wholesale competition (and undue preference) as they convert areas within their territories to fibre only,” he told Cartt.
“Not only will Fibernetics suffer monetary losses, but the incalculable non-monetary losses of Fibernetics no longer being able to provide HSA services to any potential customers at the nearly one thousand impacted addresses within the Sydney, NS area,” the application reads. “This situation for both existing and potential future customers is both imminent and irreversible, causing irreparable harm to Fibernetics.”
Fibernetics is asking the CRTC to make an interim order to either stop the decommissioning before September 1 or to provide it with mandated access to the fibre that will replace it until a decision is made on this application.
For final relief, it is asking that all coaxial infrastructure be maintained until the CRTC makes a final determination on the proceeding related to decommissioning practices.
“The relief requested in this application will ensure the availability of wholesale services to competitors, thus protecting consumer choice,” the application reads.
Earlier this month, TekSavvy filed a similar application asking the CRTC to stop Cogeco from decommissioning hybrid fibre-coaxial facilities it uses to provide service in parts of Ontario.
By then, the CRTC had already determined in response to previous TekSavvy applications that decommissioning of older technologies would be bad news for some competitors.
