Reprimanded in 2021 for the “unreasonable delays” imposed on its competitor Videotron for access to its telephone poles, Bell was imposed on Wednesday fines totaling $ 7.5 million for three violations of the Telecommunications Law.
Updated yesterday at 3:49 p.m.
The Canadian Radio-television and Telecommunications Commission (CRTC) did not fully uphold the request of Videotron and an Ottawa internet provider, Community Fiber Company, which had suggested during the hearings in April 2021 to impose the maximum fine of 10 million per violation. Videotron, in particular, had pleaded that Bell’s practices were “clearly contrary to the public interest and that they should be the subject of significant enforcement measures in order to discourage future violations”.
Bell, for its part, felt that it had made “good faith errors”, for example by deploying its own optical fiber on poles whose access had nevertheless been refused to Videotron. “Infallibility cannot be the norm for pole owners who deal with thousands of construction projects on an annual basis, each with unique considerations and challenges,” Bell had argued, in essence summarizing the CRTC.
Financial capacity and measures
In its decision made public on Wednesday, the federal body establishes from the outset that it did not have to reassess the reprimand issued to Bell in April 2021, following a complaint by Videotron filed in June 2020. recognizes that the Canadian telecommunications giant has taken certain measures to facilitate access to its poles, but one “questions the effectiveness of some of these measures”.
The CRTC estimates that Bell would have the financial capacity to pay the maximum amount provided for the three violations, ie 30 million. But it takes into account a few mitigating factors, including that Bell’s actions should reduce delays for pole accesses and “decrease, to some extent, the likelihood of future non-compliance,” it says. . An amount of 7.5 million seems adequate, but Bell is warned: “The Commission will continue to monitor the situation and, if necessary, will take the appropriate measures in the event of future non-compliance. »
For CRTC Chairman Ian Scott, this measure reinforces the assurance that the telecommunications market in Canada will be more “fair and competitive”. “Today’s decision underscores this point and demonstrates that we will not hesitate to use the tools at our disposal to take action to promote compliance when a company’s actions violate these principles,” said he said in a statement.
On his Twitter account, the CEO of Quebecor, Pierre Karl Péladeau, denounced the “undue advantage” that Bell gives itself by denying its competitor access to its infrastructure. “Difficult to be clearer! he tweeted. Bell’s anti-competitive delaying maneuvers against Videotron are serious violations of the Telecoms Act that earned it a record penalty imposed by the CRTC. »
“We are aware of the decision and have no comment to make at this time,” said Bell spokesperson Caroline Audet.