CRTC should force Rogers to engage in dispute resolution: Building owner tells CRTC

A Toronto-building owner in dispute with Rogers Communications Inc. told the CRTC that it should force the incumbent to participate in a dispute resolution process, which is “less heavy-handed” than the commission’s proposed approach to restrict telecommunications service providers from offering any services to the occupants living in the multi-dwelling unit (MDU). “We view commission-assisted mediation as the best path towards efficiently entering into an access agreement. When Lixo last made such a suggestion, Rogers referred to Lixo’s ‘newfound enthusiasm’ for such an approach, and declined to participate. Lixo urges Rogers to reconsider,” the property owner wrote in an Oct. 20th intervention. Lixo Developments Ltd.’s intervention is a response to a CRTC consultation on whether telecom service should be cut to the housing developer of 70 Yorkville Ave. – the property which has been the source of a long running dispute with Rogers. The fight dates back to last year when Rogers filed a Part 1 application seeking access to the Lixo property, stating that Bell has access to the building while Rogers was shut out of providing services to potential customers. Lixo denied knowing anything about the matter, while Rogers responded that the developer was playing ignorant to draw out the process. In June the CRTC ordered Lixo to give Rogers access to the building, with penalties imposed if it refused to comply. Lixo ignored the deadline which led to the consultation. Lixo said since 1984 Rogers entered into Lixo’s premises without permission. “It appears that, for many years, Rogers did so without the express permission of this private property’s owner or, at least, with any formal agreement or other expression of the owner’s understanding. Nor does it appear Rogers contemplated, between 1984 and the proceedings…that the building owner might be owed reasonable fees for space occupied, for additional facilities and utility services, or for other additional services,” Lixo wrote. Lixo said it reached out to Rogers to seek entry into an access agreement following the CRTC’s decision. Lixo “reached out to Rogers to seek entry into an access agreement. It was taken aback by Rogers’ attempts, in response, to broaden the scope of that agreement,” the company wrote. ‘Today, Lixo has tried to bridge this gap by inviting Rogers to engage with it in a three-phase process to allow immediate, short, and long-term access to its premises.” Lixo said the first phase of its approach is to grant Rogers immediate access for installing, operating, repairing, maintaining, and replacing transmission facilities and ancillary telecommunications equipment. Lixo said the second phase will involve a short-term access agreement. “Which we have transmitted to Rogers as an attachment to our invitation. Combined with Rogers’ immediate access to the building, doing so will provide a chance for Lixo and Rogers to improve the current situation, while giving Lixo and Rogers a chance to establish a friendly relationship and assess the impact of Rogers’ use of the premises,” Lixo wrote. Lixo said the final phase will proceed pursuant to a longer-term agreement “that reflects the solid relationship the parties will have developed in the preceding phase.” Lixo said the CRTC’s proposed solutions in its consultation is unfairly punitive to the tenants and noted that no other respondent suggested forced mediation between the parties. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Paul Park at ppark@thewirereport.ca.

CRTC should force Rogers to engage in dispute resolution: Building owner tells CRTC

News | October 21, 2022

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CRTC should force Rogers to engage in dispute resolution: Building owner tells CRTC

News | October 21, 2022

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