CRTC orders telecoms, Calgary to negotiate some bylaw terms

Originally published by The Wire Report

The CRTC has denied an application by the City of Calgary asking the CRTC to approve its municipal rights-of-way bylaw, which governs the telecoms’ access to “city structures, service corridors, and other public places in Calgary,” it said in a decision Friday.

Calgary asked the CRTC in a Nov. 2017 application to approve the terms and conditions of the bylaw. A number of telecoms said they don’t accept those terms, the decision noted.

The CRTC said granting Calgary’s request “would serve little or no purpose, since it will not resolve the disagreement between the parties regarding the terms and conditions governing access to highways and other public places in Calgary for the purpose of constructing transmission lines.”

Instead it made changes to some of the terms in the agreement, such as the definitions of “service corridor” and “city structure” and the cost allocation for municipality-initiated facility relocations.

It also ordered the two sides to negotiate on a number of the provisions in the agreement, and ordered them to file a joint report on the result of those negotiations in 120 days.

“Upon receiving the joint report, if the parties have not reached a negotiated agreement, the Commission will rule on any outstanding issues,” the decision said. The telecoms also previously took their issues with the bylaw to court.

The CRTC decided to go ahead with the Part 1 application despite the concurrent court battle, which ended when an Alberta court ruled in October the bylaw can’t regulate the building of telecommunications networks.

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