Dear Tony: Our strata corporation has received a notice from the CRTC ordering our strata corporation to provide access to a communications provider for internet and cable services.
Does a federal regulator have the authority to order strata corporations in B.C. to comply with a regulation that is not part of the Strata Property Act or provincial legislation? How would we comply with this order once we entered into this contract? Under the Regulations of the Canadian Radio-Television and Telecommunications Commission, the CRTC requires that the provision of telecommunications service by a LEC in multi-dwelling units be subject to the condition that all LECs wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities or their own facilities, at their choice, under reasonable terms and conditions.
Service providers who are installing or delivering a communications service are not permitted to restrict a strata corporation to an exclusive agreement. The installation or upgrade of a communications service often requires significant changes to property or use of property, and usually requires a 3/4 vote of the owners at a general meeting.
Could get costly for strata corporations if copper was removed in favour of fiber, re-installing would be expensive.
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