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Joint Use
Issue Summary | Industry Response | Issue Management | Resource LibraryISSUES SUMMARY
Telecommunications and cable television undertakings often attach their wires and equipment on power poles. The CEA Joint Use Structures and Strategic Telecommunications (JUSST) Initiative focuses on issues related to power pole joint use, rights-of-way, spectrum for distribution automation and strategic telecommunications regulatory and technical issues including broadband over power line (BPL) communications systems.
Since at least 1999, the CEA has been actively involved in addressing distribution joint use issues in Canada. The CEA has both promoted the exchange of technical and regulatory information between members and supported/intervened in regulatory and court proceedings at both federal and provincial levels.
INDUSTRY RESPONSE
CEA has been coordinating and advocating the electricity industry’s positions on distribution joint use access and strategic telecommunication issues to the federal and provincial governments as well as intervening on behalf of the distribution utilities, in proceeding related to joint use support structure access at the Canadian Radio and Telecommunications Commission (CRTC), Supreme Court of Canada, and provincial energy board proceedings.Background
In 1999, the Canadian Radio and Telecommunications Commission (CRTC) issued a decision that took the position that they had jurisdiction over power utility support structure access under the provisions of the Telecommunications Act, a statute administered by Industry Canada.
The power utilities appealed this CRTC decision to the Federal Court of Appeal. The Federal Court overturned the decision of the CRTC, concluding that the CRTC had no jurisdiction to regulate pole support structures. This was an important victory for the power utilities.
However, in May 2002, the Supreme Court of Canada has granted leave to the Canadian Cable Television Association (CCTA) to appeal the decision of the Federal Court of Appeal with regard to joint use support structures.
In May 2003, the CEA, distribution utilities and provincial attorney generals were successfully at the Supreme Court of Canada in the Barrie Public Utilities v. CCTA case, arguing against the exercise by the federal telecom regulator (the CRTC) of authority over power poles. Refer to Supreme Court on Electric Utility Pole Attachments: The Right Decision for Reliability and Safety May 16, 2003 http://www.canelect.ca/en/News2003/CEA009.html.
In December 2003, the Canadian Cable Television Association (CCTA) applied to the Ontario Energy Board (OEB) for a power pole access rate of $15.65 per pole per year. The CEA and EDA intervened on behalf of the distribution utilities in Canada and Ontario. On March 8, 2005, the OEB decision was issued setting an annual pole rate of $22.35 and granted electricity distributors the right to apply for a different rate based on their local costing information and conditions.
CEA JUSST Activities
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- Continued monitoring of joint use issues, and advocacy of our industry positions in the regulatory process to amend to the federal Telecommunications Act in order to protect the well-deserved legal victory at the Supreme Court which ruled that the CRTC had no jurisdiction to regulate power poles;
- Development of technical guidelines on joint use and economic studies;
- Coordination of industry comments and positions on Rights-of-Ways (RoW) and spectrum allocation for electric utilities; and,
- Coordination of industry comments and positions on Industry Canada regulations on Broadband Power Line (BPL) Communication Systems.
ISSUES MANAGEMENT
Joint Use Structures and Strategic Telecommunications issues are managed by the CEA Distribution Council.
Key Contact
Devin McCarthy
Director, Transmission and Distribution
Tel: 613-688-2960
Email: mccarthy@electricity.ca
RESOURCE LIBRARY
News Release
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