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Telecom - Staff Letter addressed to Neighbourhood Connect and Bethlehem Housing and Support Services

Ottawa, 9 July 2024

Reference: 8622-O108-202400704

BY EMAIL

Neighbourhood Connect
43 Church St. Suite 406 St. Catharine
Ontario, L2R 7E1
derek@nhconnect.ca

Bethlehem Housing and Support Services
111 Church Street, St. Catharines
Ontario, L2R 3C9
info@bethlehemhousing.ca

Subject: Access to Bethlehem Housing and Support Services’ MDU’s - Request for Information

On 1 March 2024, 2621159 Ontario INC DBA Neighbourhood Connect (NHC) submitted a Part 1 application to the Canadian Radio-television and Telecommunications Commission (the Commission) for Non-Discriminatory and Timely Access on Reasonable Terms and Conditions to threeFootnote1 Multiple Dwelling Units (MDU’s) operated by Bethlehem Housing and Support Services (Bethlehem), referred to in this letter as the Premises.

In its 2 April 2024 Answer, Bethlehem stated that it remains amenable to discussing suitable access arrangements with respect to the Premises. Bethlehem further stated NHC has failed to clarify the nature of the access it is seeking with respect to the Premises.

In its 11 April 2024 Reply comments, NHC identified that between 20 and 30 tenants on the Premises have been unable to order NHC services due to Bethlehem's denial of access to NHC. NHC also stated that its recent attempts in April 2024 to communicate with Bethlehem housing for the purposes of negotiating an access agreement were unsuccessful.

Pursuant to section 37 of the Telecommunications Act (the Act), the Commission may require any person to submit information that is necessary for the administration of the Act. In order to assist the Commission’s assessment of the issues raised in NOC 2022-268, and its enforcement of the Decision, NHC and Bethlehem are required to provide a response to the attached questions by 26 July 2024, serving their response on the other party by the same date.

As set out in section 39 of the Act, and in Broadcasting and Telecom Information Bulletin CRTC 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, persons may designate certain information as confidential.  A detailed explanation on why the designated information is confidential and why its disclosure would not be in the public interest must be provided, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest in disclosure.  In addition to the confidential version, an abridged version of the document omitting only the confidential information must be filed or reasons why an abridged version cannot be filed must be provided.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector, CRTC

c.c.: Lori Beech, Bethlehem Housing, lbeech@bethlehemhousing.ca
Simon Lapointe, CRTC, simon.lapointe@crtc.gc.ca

Request for Information – Questions to NHC

  1. Provide a complete update regarding ongoing negotiations with Bethlehem for a formal access agreement to the Premises, including:
    1. details and any evidence available regarding NHC’s attempts to negotiate the terms for access to the Premises since its 1 March 2024 application to the Commission; and
    2. NHC’s position on the remaining issues to be negotiated.
  2. Since 1 March 2024, indicate whether NHC has provided details to Bethlehem regarding its intended nature (type) of access. If so, provide the specific dates of this communication and all appropriate details.
  3. Provide any additional details relevant to the Commission’s understanding of the current situation and next steps between the parties.

Request for information - Questions to Bethlehem Housing

Commission staff notes that it has on two occasionsFootnote2 encouraged Bethlehem and NHC to continue to seek a mutually beneficial agreement.  Based on Parties’ Answer and Reply comments on the public record of this proceeding, it appears that negotiations on the terms of an access agreement have not yet been initiated.

  1. Regarding Bethlehem’s statements that it is amenable to negotiate an access agreement, explain when and how communication attempts between parties occurred. Please provide details and any evidence available regarding Bethlehem’s attempt to negotiate the terms for access to the Premises.
  2. If in fact negotiations have been initiated, provide a complete update on the negotiation with NHC regarding a formal access agreement to Premises, including Bethlehem’s position on the issues to be negotiated.
  3. Provide a comprehensive description of the specific negative impacts that NHC’s access will or may have on Bethlehem’s tenants. Describe how these impacts could be mitigated and include evidence that Bethlehem has provided NHC with its position on how these negative impacts could be mitigated.
  4. Provide any additional details relevant to the Commission’s understanding of the current situation and next steps between the parties.
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