TELECOM REGULATION: COMPETITIVE ACCESS TO MULTI-UNIT

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