GATINEAU — In what could be a precedent-setting proceeding, Rogers Communications and Shaw Communications have asked the CRTC to issue an order which would grant reasonable compensation to the two companies for the costs of relocating their transmission lines along (or on, over, or under) provincial highways in British Columbia.
Rogers and Shaw are seeking compensation for costs associated with mandatory relocations of their transmission lines due to B.C. Ministry of Transportation and Infrastructure (MOTI) work or requirements, regardless of who owns the supporting structures for the transmission lines. In virtually all cases, the telephone poles supporting Rogers’ and Shaw’s transmission lines along B.C. highways are owned solely or jointly by Telus, BC Hydro and FortisBC, explains the companies’ Part 1 application.
Currently, B.C.’s MOTI does compensate Telus for the costs of relocating its transmission lines constructed along B.C. highways, but Rogers and Shaw say in their application they have been unsuccessful in negotiating a similar agreement with MOTI for their line relocation costs.
“Shaw and Rogers have been negotiating written ‘Protocol Agreements’ with MOTI addressing the terms and conditions of construction of their transmission lines on, over, under and along B.C. highways, but have reached a complete impasse on the issue of reimbursement for the costs of moving their transmission lines as a result of MOTI-initiated relocations,” reads the companies’ application to the Commission.
Specifically, MOTI won’t agree to pay compensation to Rogers and Shaw for mandatory relocations of transmission lines supported by third party-owned structures, say the companies. Given that MOTI compensates Telus for costs associated for relocating lines, Rogers and Shaw are calling MOTI’s conduct anti-competitive and saying it has material impact on their businesses.
“Moreover, MOTI’s refusal to provide any compensation for relocation costs puts our existing and future plant on BC highways at risk. BC highways represent crucial long-distance links for Rogers’ and Shaw’s wireline and wireless telecommunications networks. If Rogers and Shaw are forced to spend hundreds of thousands of dollars for highway relocations, these expenditures take away from our overall build plans in the Province,” says their application.
Rogers and Shaw are asking the Commission to step in and order B.C.’s MOTI to compensate them for a percentage of their costs of MOTI-initiated relocations. In their application, they state the percentage should be the higher of (i) 50% or (ii) the percentage of Telus’ relocation costs that are reimbursed by MOTI.
“A 50-50 allocation of relocation costs triggered by MOTI requirements is an administratively simple approach that provides certainty and incentives to both parties for collaborative decision-making,” says the companies’ application. “However, increased compensation is required if Telus is receiving compensation for more than 50% of its relocation costs from MOTI.”
Alternatively, Rogers and Shaw ask the Commission to address the undue preference they say results from Telus’ exclusive agreement with MOTI to receive reimbursement for relocation costs for its own facilities. They also suggest the Commission direct Telus to pay to each of Rogers and Shaw a share of all compensation received by Telus from MOTI, for each MOTI-initiated relocation, that is equal to Rogers’ and Shaw’s respective share of the total costs of relocating all telecom carrier transmission lines affected by the relocation.
The Commission posted the joint Rogers-Shaw application (dated September 28) to its website on October 2, and is giving intervenors until November 2 to submit comments.
