Telecom - Secretary General Letter addressed to Benjamin LaHaise (Community Fibre Company Inc.) and Philippe Gauvin (Bell Canada)

Gatineau, 13 February 2026

Reference: 8000-C12-202505719

BY EMAIL

Benjamin LaHaise
President
Community Fibre Company Inc.
1167 Sixth Concession A Dalhousie
Lanark, Ontario  K0G 1K0
Ben@communityfibre.ca

Philippe Gauvin
Assistant General Counsel
Bell Canada
Floor 19
160 Elgin St.
Ottawa, Ontario  K2P 2C4
bell.regulatory@bell.ca

Subject: Community Fibre Company request for interim relief regarding disconnection of telecommunications facilities operated by Community Fibre Company 

Dear Benjamin LaHaise and Philippe Gauvin,

On 31 October 2025, the Commission and Bell Canada (Bell) received a letter from Community Fibre Company Inc. (CFC) regarding the termination of CFC’s Support Structure Agreement and pending disconnection of CFC operated telecommunications facilities.

In its letter, CFC noted that it would file an urgent application for final relief but that it was seeking expedited interim relief to prevent Bell from disconnecting CFC-operated facilities from support structures owned by Bell.  Specifically, CFC requested an interim order directing Bell to refrain from suspending its services to CFC until the Commission has decided on CFC’s request for final relief. 

The Commission did not receive a Part 1 application for final relief until 20 January 2026.

Interim relief request

CFC’s request for interim relief was argued on the basis of the three-component RJR MacDonald^{Footnote 1} test which requires that an applicant requesting interim relief demonstrate that its application meets all three of the following criteria:  (i) there is a serious issue to be determined; (ii) the party seeking the interim relief will incur irreparable harm if the relief is not granted; and (iii) the balance of convenience favours granting the interim relief.  

For the reasons that follow, the Commission denies CFC's request for interim relief. The decision largely rests on considerations relating to the third prong of the RJR MacDonald test, the balance of convenience. Given that all three components of this test must be met in order to grant interim relief, the Commission will confine itself to this component as it has not been met in this case.

The balance of convenience assesses the relative equities at play. In accomplishing this task, the Commission is called to weigh the relative harm that would result to the applicant should the relief not be granted with the impact that granting interim relief would have on the respondent and the broader public interest.  

The Commission does consider there is harm to CFC if Bell removes CFC’s facilities from its poles as CFC would no longer be able to serve its customers.

However, there is also harm to Bell as CFC does not deny that it has not paid Bell any pole attachment rental fees since 2022 and that it owes unauthorized attachment fees. Further, it has continued to attach new facilities without applying for and obtaining permits. These actions materially impede Bell’s ability to properly manage its assets. Furthermore, unauthorized attachments can create significant safety issues.

In addition, there is a strong public interest in ensuring that pole attachments are authorized and safe, and in discouraging CFC from engaging in self-help measures by proceeding with unauthorized attachments. These measures undermine the Commission's processes and applicable regulatory framework.

Conclusion

In light of the above, the Commission denies CFC’s request for interim relief.

The Commission notes that according to CFC, disconnection by Bell would cause roughly 480 customers, primarily residing in rural areas, to lose access to Internet services. To minimize any potential impact on these Canadians, the Commission directs:

• CFC to notify all of its end-user customers that may be affected by a potential disconnection, within 5 days of the issuance of this letter. A copy of this notice from CFC must also be provided to the Commission.
• Bell to further delay all work resulting in the disconnection or degradation of telecommunications facilities operated by CFC on Bell-owned support structures for 60 days following the issuance of this decision.

If you have any questions, please do not hesitate to contact Suneil Kanjeekal, Director, Telecommunications, at Suneil.Kanjeekal@crtc.gc.ca.

Sincerely,

Original signed by

Marc Morin
Secretary General and Executive Vice-President

CC:      Leila Wright, Vice-President, Telecommunications, CRTC, Leila.Wright@crtc.gc.ca
Noah Moser, Acting Director General, Telecommunications, CRTC, Noah.Moser@crtc.gc.ca
Suneil Kanjeekal, Director, Telecommunications, CRTC, Suneil.Kanjeekal@crtc.gc.ca

Date modified:

2026-02-13