CRTC Decision Referred: Incumbents' FTTP Access

Summary#

The Governor in Council has sent Telecom Decision CRTC 2023-358 back to the CRTC for reconsideration under the Telecommunications Act. The Order, made on November 5, 2024, asks the CRTC to decide within 90 days whether Bell Canada, Rogers Communications Canada Inc. and TELUS Communications Inc. and their affiliates should be barred from using aggregated fibre-to-the-premises access in Ontario and Quebec under tariffed rates, terms and conditions.

What it does#

• Refers Telecom Decision CRTC 2023-358 back to the CRTC so it can reconsider one specific issue: whether the three largest incumbents and their affiliates should be prohibited from using aggregated FTTP services in Ontario and Quebec via Commission-approved tariffs.
• Sets a tight deadline: the CRTC must complete the reconsideration no later than 90 days from the date the Order was made (November 5, 2024).
• Does not itself cancel or change the original decision. It asks for a re-examination of that single question rather than immediately rescinding the earlier direction.

Who's affected#

• Bell Canada, Rogers Communications Canada Inc., TELUS Communications Inc., and their affiliates — the companies the Order asks the CRTC to review restrictions for.
• Wholesale-based competitors (independent Internet service providers) that rely on access to large incumbents’ fibre networks.
• Small and regional Internet service providers and network suppliers that may compete or partner on wholesale access.
• Residents and businesses in Ontario and Quebec, including rural, remote and Indigenous communities, where questions about future infrastructure investment and service choice are a concern.
• The CRTC, which must carry out the reconsideration and publish its outcome within the deadline.

Why it matters#

• The outcome could change who can use large incumbents’ fibre networks to sell Internet services. That affects competition and the number of retail options consumers see.
• A prohibition on incumbents’ use of aggregated FTTP under tariffs could protect smaller wholesalers, but it could also affect how big companies plan future investments in fibre, especially in less dense areas.
• The Order creates short-term uncertainty for companies already using or planning to use the temporary wholesale access rules while the CRTC revisits the issue.
• The reconsideration responds to concerns about investment, service quality, and choice in areas that may be costly to serve — a practical issue for people and businesses depending on reliable broadband.