OTTAWA – Bell Canada has filed an application with the Federal Court of Canada seeking a judicial review of wireless spectrum policies and changes to conditions of license recently enacted by Industry Canada.
Bell has asked for an order saying the Minister of Industry doesn’t have the jurisdiction to “(i) require roaming and sharing in respect of the Applicant’s networks, antenna towers and sites; and (ii) to prohibit the inclusion or require waiver of specific terms in the Applicant’s agreements or arrangements with others with respect to roaming and sharing in respect of the Applicant’s networks, antenna towers and sites,” reads the application.
Bell has also asked for orders saying the Minister has no authority to prescribe the conditions of license; or that the Minister has no authority to impose the CoLs retroactively; and one prohibiting the Minister from amending the company’s existing spectrum licenses as it relates to roaming/tower sharing or adding a condition like this to the 700 MHz spectrum licenses about to be auctioned off.
Telus filed its own court application in July, asking the Federal Court to review different aspects of wireless policy, but the two applications are essentially two sides of the same coin where the telcos are taking to the courts to force the federal government to change policies they believe are wrong and unfair.
