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Cablegate: Telecom Regulation: Competitive Access to Multi-Unit

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS OTTAWA 001858

SIPDIS

STATE FOR EB/CIP, EB/BTA/DCT - FAIRFAX/SHEEHAN
AND WHA/CAN - WHEELER

STATE PASS USTR FOR J.MCHALE AND S.CHANDLER

FCC FOR INTERNATIONAL - D.ABELSON, J.MANN AND P.COOPER

USDOC FOR 4310/IEP/OOC/WH/J.BENDER

USDOC ALSO FOR NTIA - BURR

GENEVA FOR USTR

E.O. 12958: N/A
TAGS: ECPS ETRD CA
SUBJECT: TELECOM REGULATION: COMPETITIVE ACCESS TO MULTI-UNIT
BUILDINGS

REF: OTTAWA 1079 AND PREVIOUS

1. As reported reftel, Canada is clearly shifting its
policy on telecommunications competition toward a more pro-
competitive model. A decision announced by the GOC's
telecom regulator on June 30 reinforced this trend by
clarifying the terms of access of telecom service providers
to multi-unit residential buildings.

2. Telecom firms had complained that condominium and
apartment building owners/managers were able to restrict
competition in the provision of service to residents.
Canadian Radio-Television and Telecommunications Commission
(CRTC) Decision 2003-45, "Provision of telecommunications
services to customers in multi-dwelling units," "establishes
the conditions and principles for the provision of
telecommunications services to customers located in multi
dwelling units (MDUs), including guidelines that will assist
building owners and local exchange carriers (LECs) in
negotiating just and expedient conditions of access to
MDUs." The decision also addresses a number of related
matters, including the terms and conditions of access to
MDUs via the LECs' facilities.

3. Text of the decision is available on the CRTC's website
at crtc.gc.ca under "what's new." Inter alia, the decision
states that "LECs must have the ability to access and enter
into MDUs, in order to connect and/or install their
facilities, as well as repair and maintain them and
do whatever else may be required to provide reliable, high-
quality service to end-users. . . . The Commission expects
building owners to cooperate with LECs to enable them to
access end-users in their MDUs." The decision also states
that any exclusive-access arrangement between LECs and
building owners would be a violation of the
Telecommunications Act. However, it says the CRTC will
allow "preferred marketing arrangements that are limited to
the marketing of a LEC's services in an MDU, so long as
these arrangements do not have the effect of limiting access
by other LECs."

CELLUCCI

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