VANCOUVER and GATINEAU – A Part 1 application filed October 1st with the CRTC this week says a Vancouver developer allegedly doesn’t know or won’t follow the rules around allowing competitive network providers into new buildings.
The application from Novus Communications asks the Commission to issue an order for timely access to certain developments currently being built by Polygon Construction Management. Novus provides broadband, TV, and telephone service to thousands of customers in and around Vancouver in multiple unit dwellings such as apartments and condos.
The application focuses on what has happened trying to get into the Berkeley House project in Richmond, B.C., but acknowledges it may be too late, since drywall has already been installed there in at least one of the phases. “However, Novus would also like to have access on reasonable terms and conditions to Sophora at the Park, 1182 Westwood Street, Coquitlam, BC and Fiorella, 3699 Sexsmith Road, Richmond, BC.,” it reads, naming other Polygon developments.
Novus told the Commission the developer seems not to have been aware they have to make room for other facilities-based networks besides the incumbents, Telus and Shaw. “Novus understands that developers are not familiar with these policies and regulations, particularly in Metro Vancouver where Novus is the only facilities based new entrant,” reads its application.
“Most developers have dealt only with the former monopoly incumbents Shaw and Telus and are unaware of the framework which allows Novus to install its transmission facilities and ancillary telecommunications equipment in MDU developments during construction as provided for in the MDU access framework set out by the Commission in TD 2003-45.”
Indeed, the application paints a picture of Novus having a very difficult time gaining access and says Polygon refused to sign an access agreement with it. “This very lengthy and tedious recitation of the events leading up to this Application has simply been provided to demonstrate to the Commission that Novus made every attempt possible to settle reasonable terms and conditions for access to the Berkeley House development,” reads the application.
“If the Berkeley House development is completed before Novus has had to enter into an installation agreement with Polygon, Novus will have to seek an access agreement with the strata corporation which owns the development and install its facilities many months after its competitors have had an opportunity to complete their installations and market their services to the residents as they were moving into the development,” it continues.
“Essentially the residents’ right to choose the service provider of their choice as of the date of occupancy is being harmed. In order for Novus to compete on a level playing field with the old incumbent service providers, it needs access to in-building wiring, riser and ducts in MDU buildings during construction for the installation and operation of its telecommunications network.
“Polygon appears to be intent on shutting Novus out of the construction phase to its current MDU development project, the Berkeley House.
“Novus has concluded that without the Commission’s intervention, Polygon will not grant timely access on reasonable terms and conditions to the developments in which Novus wishes to serve first occupants.”
The deadline to reply to the application is November 9.
