GATINEAU – In an unsurprising decision, the CRTC denied Bell Canada’s request to review and vary the decision which gives third party independent Internet service providers access to incumbent networks’ newest fibre infrastructure.
Bell had submitted a Part 1 application to the CRTC to review and vary Telecom Regulatory Policy 2015-326 that states incumbent telecom providers must introduce a “disaggregated wholesale broadband access service” (DBS) so that independent ISPs gain access to FTTH (fibre to the home) facilities.
In a nutshell, Bell believes the CRTC’s decision has unfairly changed the rules governing fibre-to-the-home broadband networks by mandating reseller access while it is all still being built – and if other ISPs want FTTH networks, they should build those facilities.
Bell executives have said if the decision stands, it will impact where and if it chooses to invest in its fibre reach beyond major centres. Opponents don’t buy that argument and have accused Bell of scare mongering, saying the big incumbent won’t stop investing because of this decision.
While the company had asked federal cabinet to overturn the decision altogether (and was told no in May), its review and vary asked that DBS only be made available to companies which have constructed their own transport network to the incumbent’s central offices (COs); and that companies with more than $500 million in annual revenues not be allowed to take advantage of DBS.
Without forcing independent ISPs to build networks to the COs, they can simply lease space on networks from the likes of Telus or Allstream, for example, to get to the CO and then use Bell’s fibre to get to end users, with only a small investment to co-locate some gear in the CO. Without the changes demanded by Bell, “the mandated introduction of DBS will trigger virtually no investment in additional transport facilities,” read the company’s R&V application to the CRTC in the fall. “The Commission has thus committed an error in fact by mistakenly linking the introduction of DBS with additional investment in transport but without establishing sufficient parameters… to ensure that this transport investment objective is actually met.”
CNOC, PIAC, Eastlink, Shaw Communications and others disagreed with Bell in filings to the Commission, which found it made no errors in law and denied the Bell R&V request Wednesday.
The Regulator also denied an Allstream R&V request of the same decision where the company asked the Commission review and vary its decision to withdraw mandated access to unbundled local loops (ULLs) following a three-year phase-out period.
Allstream believes the Commission erred in concluding the withdrawal of mandated access to ULLs in exchanges where there is current demand for ULLs would not have a significant impact on competition for business local voice services, and asked that “mandated access to ULLs would be grandfathered in exchanges in rate bands A through D which have existing demand for ULLs as of 22 July 2018". Allstream further submitted that mandated access to ULLs should then continue to be grandfathered until three years after there is a demonstrated alternative to ULLs or until 10 years after the date of the decision, whichever comes first, reads the decision.
However, the CRTC stuck by its decision that mandated access to ULLs be phased out over three years.
