CRTC orders apartment owner to permit Rogers access

The CRTC has told a Saint John, New Brunswick real estate developer he must offer “timely access” for Rogers Communications Inc. to enter multi-dwelling units (MDU) under construction. Stephen Brittain is the president of IronGate Developments and owns and operates Village View LP. Village View is building four edifices in Saint John while IronGate is developing a complex in the city. In May, Rogers complained to the commission that it was not permitted access to the IronGate property, called Telegraph Square and to two of the Village View properties. BCE Inc. was the sole service provider for the units. Rogers stated that Brittain was unwilling to negotiate in good faith and had tried to impose access fees to enter the buildings, contrary to CRTC policy.The fees ranged from $50,000 to $100,000. Rogers said it initially had contacted Village View and IronGate in October 2020 but all communication ceased in late March of last year. It was worried that construction would be completed before it had time to enter the units, thereby giving Bell a leg up in promoting and selling its services to tenants. In its request for information, Bell maintained its contract with IronGate is non-exclusive. “By refusing to negotiate or communicate with Rogers, IronGate is denying Rogers access to the MDU, contrary to the MDU access framework’s core principles of competition and end-user choice,” the decision released Friday said. IronGate did not respond to the Rogers application. “During a discussion with Commission staff, IronGate indicated its willingness to participate in this proceeding. However, IronGate’s subsequent lack of participation, in addition to its lack of engagement in negotiations with Rogers, has delayed this proceeding and may have resulted in Rogers missing the opportunity to gain access to Telegraph Square,” the decision noted. Under the terms of the decision, Bell and any other carrier established in Telegraph Square is not permitted to provide service to new residents for 15 days and cannot upgrade current clients for 30 days. The CRTC will review the situation in 45 days and may impose a ban on all carriers. Rogers had asked that IronGate be required to offer access to any future buildings it may construct. The regulator denied this request, saying MDU disputes are processed on a case-by-case basis.

CRTC orders apartment owner to permit Rogers access

Brief | January 14, 2022

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CRTC orders apartment owner to permit Rogers access

Brief | January 14, 2022

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