Key Points:

• Background: The CRTC conducted a review of the regulatory framework for mobile wireless services, focusing on 5G networks. This review resulted in Telecom Regulatory Policy CRTC 2021-130, which addressed retail competition, wholesale services, and future infrastructure deployment.

• Appeal Issues:

  1. Access Issue: Whether wireless infrastructure is excluded from the Telecommunications Act’s regulatory scheme for access to highways and public places.
  2. Roaming Issue: Whether the CRTC can mandate national carriers to provide seamless roaming.

• CRTC Decision:

  • Interpreted "transmission line" in the Telecommunications Act as referring to physical wires and cables, not wireless infrastructure.
  • Mandated seamless roaming, considering it beneficial for competition and consumer service.

• Federal Court of Appeal Findings:

  • Access Issue: Upheld the CRTC's interpretation, confirming that "transmission line" does not include wireless infrastructure and the CRTC lacks jurisdiction over municipal access disputes for wireless facilities.
  • Roaming Issue: Affirmed the CRTC's authority to mandate seamless roaming, finding it within their power to impose service conditions and consistent with policy objectives.
  • No financial terms specified.