US embassy cable - 03OTTAWA1858

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, Communication 
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