More than a year after Execulink Telecom asked for the CRTC’s help to gain timely access to three multi-dwelling units (MDUs) in Tillsonburg, Ont., the commission has approved the southern Ontario telecom service provider’s request and is enforcing its MDU access condition against JLC Homes Ltd.

On Feb. 22, 2023, Woodstock-based Execulink filed a Part 1 application saying it had been denied timely access to three MDUs owned by JLC Homes Ltd. The property owner had previously indicated to Execulink that it had exclusive access agreements with other carriers, and when informed by Execulink that exclusive agreements are prohibited under the commission’s MDU access rules, it still failed to commit to negotiating terms of access with Execulink, according to the application.

On Feb. 27, 2023, the CRTC opened a proceeding on the matter, the record of which indicates no substantive discussions on granting Execulink access to the three MDUs have occurred between Execulink and JLC Homes.

The CRTC says in its decision Wednesday there is no evidence on the record of the proceeding to indicate Bell, Rogers or any other telecom service providers (TSPs) have entered into an exclusive access agreement with JLC Homes, but if such an agreement existed, restricting another TSP from accessing and serving residents in the MDUs, it would be unjustly discriminatory and contrary to the commission’s MDU access condition.

Having determined JLC Homes has denied Execulink timely access to the MDUs, the commission says it “approves Execulink’s request for access to the MDUs on a timely basis and under reasonable terms and conditions, for the purpose of installing, operating, maintaining, and replacing transmission facilities and ancillary telecommunications equipment to provide its services to end-users who wish to avail themselves of Execulink’s service offerings.”

For two of the properties — located at 136 Concession St. East and 98 King St. in Tillsonburg — the CRTC is taking an incremental approach to the enforcement of the MDU access condition, while it is taking an immediate enforcement approach for the third property, located at 62 1st St., which had not received an occupancy permit as of Jan. 5, 2024.

Unless Execulink is permitted access to the first two MDU properties within 30 days of the CRTC’s decision, neither Bell, Rogers nor any other TSPs or carrier ISPs will be permitted to provide services to any new customer, regardless of whether the customer is a new or current resident, the CRTC’s decision says. If Execulink has still not been allowed access after 45 days from the decision date, Bell, Rogers and other TSPs will not be permitted to modify or upgrade services being provided to an existing resident and customer.

In the case of the third property, the restrictions outlined above will apply immediately if there are currently any residents living in the MDU. If there are no residents in the MDU, neither Bell, Rogers nor any other TSPs will be permitted to provide any services to any future resident, the CRTC says.

For all three MDUs, if access is not granted to Execulink within 60 days, the commission says it will explore “all regulatory options”, which could include issuing an order or decision that could result in all TSPs and carrier ISPs present in the buildings not being permitted to provide any services to the residents.

Clarification: This story’s first paragraph has been clarified to make clear that enforcement by the CRTC is directed at JLC Homes, not the providers. 

CRTC approves Execulink’s Tillsonburg MDU access request