OTTAWA – Telus has fired another legal salvo in its fight against the federal government’s wireless policy, this time challenging the Industry Minister’s authority to set the eligibility requirements for parties participating in the 700 MHz spectrum auction.
The carrier filed an application with the Federal Court on August 20 asking for an order to prohibit Industry Minister James Moore from setting any other eligibility criteria than what is set out in the Radiocommunications Act when issuing licenses for spectrum access.
This is Telus’s second attempt to legally challenge the federal government’s wireless policies. Last month, the carrier filed an application asking for a judicial review of the June 28 spectrum transfer policy framework released by then-Industry Minister Christian Paradis.
In the August 20th application, Telus also wants the courts to prevent Industry Canada from applying the eligibility criteria published in its licensing framework for the 700 MHz band – criteria which Telus and the other incumbents have been positing in their lobbying campaign this summer would give unfair advantages to foreign carriers such as Verizon.
Telus argues that Industry Canada’s rules concerning the 700 MHz spectrum auction – which prevents “large wireless service providers” from bidding for more than one block of spectrum in blocks B, C, C1 and C2 – contravenes the Radiocommunications Act, which states that “a corporation that is incorporated under the laws of Canada or a province” is eligible to be issued a license.
“The Minister has no authority to apply any criteria other than those prescribed in the Regulations, in the context of the forthcoming auction or otherwise, in determining the eligibility of the Applicant or other persons to be issued licences pursuant to the Act,” states the Telus application.
The government has 10 days to respond to the Telus application.
