Part 1 over Calgary access agreement reinstated

Originally published by The Wire Report

The CRTC has resumed a proceeding regarding municipal access by telecoms in the city of Calgary, even though an Alberta court is currently considering the validity of the city’s municipal rights-of-way bylaw.

In a Wednesday decision, the CRTC held up its previous ruling and said that it would assume the bylaw is constitutional and within Calgary’s jurisdiction for the purpose of its process, even though the court is considering those questions. It noted that doing so “ensures that parties to Calgary’s Part 1 application are not arguing the same matter before two separate bodies.”

The CRTC also said that since “the Alberta Court is not being asked to decide on what constitutes a valid form of municipal consent for the purpose of subsection 43(3) of the Act or to resolve disputed terms of access, there is no risk of conflicting determinations on these matters.”

The deadline for comments is Jan. 22.

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