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Broadcasting Public Notice CRTC 2005-83
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See also: 2005-83-1
Ottawa, 15 August 2005 |
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Call for comments on possible regulatory amendments that would
expand competitive access to inside wire
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1. |
The Commission received a complaint from
Bell ExpressVu Limited Partnership1
(ExpressVu) regarding access to coaxial inside wire owned by
Rogers Cable Communications Inc. (Rogers) in properties, such as hotels,
hospitals, nursing homes and other commercial or institutional premises
that are used to house transient residents. ExpressVu argued that
section 10 of the Broadcasting Distribution Regulations (the
Regulations) requiring that access be provided to inside wire is
sufficiently broad to encompass these properties. |
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2. |
In its response to the complaint, Rogers
disagreed with ExpressVu. Rogers argued that, based on the definitions
set out in section 1 of the Regulations, on which section 10(1) relies,
section 10(1) does not apply to the types of properties referred to by
ExpressVu, and that ExpressVu thus has no right to access the inside
wire in such properties. |
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Commission’s analysis and determinations
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3. |
Section 10(1) of the Regulations requires
licensees of broadcasting distribution undertakings (BDUs) that own
inside wire, on request, to permit the inside wire to be used by a
subscriber or by another BDU, whether licensed or exempt. On its face,
this requirement does not distinguish between properties that generally
serve as permanent accommodation and the other types of properties used
to house transients identified by ExpressVu in its complaint. However,
the definitions set out in section 1, on which section 10(1) relies, do
not encompass the latter types of properties. Nor do they include office
buildings, retail stores or other types of non-residential properties.
For this reason, the Commission agrees with the position taken by
Rogers. |
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4. |
Nevertheless, the Commission notes that the
inapplicability of the section 10(1) requirement to such properties may
be inconsistent with its longstanding policy objective of providing for
end-user choice and fostering competition among BDUs. The Commission
considers that access to inside wire in the properties described by
ExpressVu, as well as in other properties not expressly encompassed by
the section 10(1) requirement, may foster competition and, in turn,
contribute to the health of the overall competitive market for
distribution services. |
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5. |
The Commission recognizes that, in
determining whether competitive access should be provided, the set of
facts requiring consideration in the case of one type of property, such
as a nursing home, may differ substantially from those that need be
taken into account in the case of another type of property, such as an
office building. For example, the configuration of the inside wire may
vary greatly from one property to another. Further, in the case of
certain properties, providing for end-user choice between distributors
for individual tenants may not be practical or technically feasible. In
such cases, it may only be possible for competition to exist between
distributors to provide service to an entire property, rather than to
its individual end users. The Commission also notes that some
subscribers may be more likely than others to own or control inside wire
themselves, or may wield sufficient negotiating power with distributors
to render unnecessary the Commission’s intervention to ensure access to
inside wire in these properties. |
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Call for comments
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6. |
In light of the issues discussed above, the
Commission calls for comments on the merits of expanding the application
of the regulatory requirements pertaining to access to inside wire owned
by a BDU licensee. Without limiting the scope of such comments, the
Commission invites interested parties to address the issues discussed
above and to respond to the following questions: |
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a) What amendments to the Broadcasting Distribution Regulations
would be necessary or appropriate, should the Commission decide to
broaden access to inside wire owned by a broadcasting distribution
undertaking licensee?
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b) What is the size and significance of the potential market for
broadcasting distribution services that would be created under such
amendments?
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c) What demarcation points, or mechanisms for setting such points,
would be most appropriate, given the various types of properties that
exist?
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7. |
The Commission encourages parties that are
in favour of expanding the access requirements to submit specific
proposals for amending the Regulations to accomplish this purpose. |
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8. |
Non-confidential documents submitted by
Rogers and ExpressVu as part of the complaint discussed above are made
part of the record of this proceeding. |
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9. |
The Commission will accept comments and
proposals that it receives on or before 26 September 2005.
Replies may be submitted on or before 11 October 2005.
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10. |
The Commission will not formally
acknowledge submissions. It will, however, fully consider all
submissions and they will form part of the public record of the
proceeding, provided that the procedures for filing set out below have
been followed. |
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Procedures for filing comments
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Interested parties can file their comments
to the Secretary General of the Commission: |
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by using the
Broadcasting Intervention/Comments Form
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OR
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by mail to
CRTC, Ottawa, Ontario K1A 0N2
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OR
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by fax at
(819) 994-0218
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12. |
Submissions longer than five pages should
include a summary. |
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13. |
Please number each paragraph of your
submission. In addition, please enter the line ***End of document***
following the last paragraph. This will help the Commission verify that
the document has not been damaged during transmission. |
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Important notice |
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14. |
All information submitted, including email
address, name and any other personal information, will be placed on the
public examination file and can be examined on the Commission’s web site
at www.crtc.gc.ca. |
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15. |
Comments filed in electronic form or on
paper will be available in the Public Proceedings section of the
Commission’s web site in the official language and format in which they
are submitted. Paper versions will be converted to electronic versions
by the Commission for this purpose. All comments will be placed on the
public examination file. |
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16. |
The Commission encourages interested
parties to monitor the public examination file and the Commission’s web
site for additional information that they may find useful when preparing
their comments. |
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Examination of public comments and related documents at the
following Commission offices during normal business hours
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721 |
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205 Viger Avenue West
Suite 504
Montréal, Quebec H2Z 1G2
Tel: (514) 283-6607 |
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55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096 |
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Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317 |
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Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422 |
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10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322 |
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Secretary General |
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca |
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Footnote: |
