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Telecom - Staff Letter addressed to Adrien Alexson and Dijana Lovric (Continuum Online Services Ltd. and Greenwin Corp.)

Gatineau, 27 February 2025

Reference: 8622-C230-202403161

BY EMAIL

Adrien Alexson
Continuum Online Services Ltd.
1232 Victoria St. North,
Kitchener, ON N2B 3C9
Regulatory@netflash.net

Dijana Lovric
Greenwin Corp.
19 Lesmill Rd.,
Toronto, ON M3B 2T3
dlovric@greenwin.ca

Subject: Part 1 Application by Continuum Online Services LTD, requesting non-discriminatory and timely access on reasonable terms and conditions to MDUs managed by Greenwin Corp. — Request for Information

The Canadian Radio-Television and Telecommunications Commission (the Commission) is an administrative tribunal responsible for the administration of the Telecommunications Act (the Act), and aims to, amongst other things, encourage competition to ensure that Canadians have a choice of telecommunication service providers (TSP). 

On 7 June 2024, Continuum Online Services Ltd., operating as Netflash Internet Solutions (Netflash) submitted a Part 1 application to the Commission for non-discriminatory and timely access on reasonable terms and conditions to two Multiple Dwelling Units (MDUs) managed by Greenwin Corp. (Greenwin), located at 220 Ira Needles Blvd. and 10 Highland Crescent in Kitchener Ontario, referred to in this letter as the Premises.

In its 17 July 2024 Answer, Greenwin stated that it remains amenable to discussing suitable access arrangements with respect to the Premises, but also raised some questions it would like Netflash to clarify. To that end, and to assess the issues raised in Netflash’s application, Commission staff would like to know whether parties have held further discussions on the matter and whether negotiations for access arrangements have progressed. We are therefore requesting Netflash and Greenwin to provide a response to the attached questions by 10 March 2025, serving their response on the other party by the same date.

Pursuant to section 37 of the Act, the Commission may require any person to submit information that is necessary for the administration of the Act.

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.

If you have any questions regarding this request, you may contact Joel Beaupré at joel.beaupre@crtc.gc.ca.

Sincerely,

Original signed by

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

c.c.: Joël Beaupré, CRTC, joel.beaupre@crtc.gc.ca

Request for Information – Questions to Netflash

  1. Provide a complete update on the ongoing negotiations with Greenwin to reach an access agreement to the Premises, including:
    1. details and evidence (if available) of any discussions that occurred, progress in negotiations and issues that have been resolved and that are remaining;
    2. Netflash’s position on the remaining issues to be negotiated.
  2. Since 17 July 2024, indicate whether Netflash has provided Greenwin with the details requested regarding the intended nature (type) of access. If so, provide the specific dates of this communication and all relevant details.
  3. Provide a copy of your standard access agreement, which you indicated was also provided to Greenwin on 11 June 2024.
  4. Provide any additional information or details that may be useful to the Commission in considering this file.

Request for information - Questions to Greenwin

  1. Greenwin stated in its 17 July 2024 reply that it is amenable to negotiate an access agreement. Please provide an update on the ongoing negotiations with Netflash, including:
    1. details and evidence (if available) of any discussions that occurred, progress in negotiations and issues that have been resolved and that are remaining;
    2. Greenwin’s position on the remaining issues to be negotiated.
  2. Provide a list of all other TSP(s) that have telecommunications equipment installed in the Premises.
  3. Provide a copy of all agreements concluded between any TSP(s) and Greenwin which provide the TSP(s) with access to the Premises for the purpose of installing their equipment and/or providing telecommunications services to residents/customers.
  4. Provide the number of units in each building.
  5. Provide any additional information or details that may be useful to the Commission in considering this file.
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