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Telecom - Staff Letter addressed to the Distribution List

Gatineau, 26 March 2026

Reference: 8622-F27-202601020

BY EMAIL

Distribution List

Subject: Fibernetics Corporation Part 1 application requesting relief from Eastlink’s decommissioning of copper facilities

On 17 March 2026, the Commission received an application from Fibernetics Corporation (Fibernetics). The application requests that the Commission provide relief related to Bragg Communications Inc. operating as Eastlink’s (Eastlink) plan to decommission three coaxial nodes in the community of Sydney, Nova Scotia as of 1 September 2026. Fibernetics identified that the decommissioning of these facilities would affect two of its retail customers, and asked Eastlink to either:

  1. refrain from decommissioning the coaxial nodes until the CRTC issues rulings or decisions related to decommissioning; or
  2. provide Fibernetics the ability to continue to service its two impacted customers via fibre facilities on an aggregated basis.

According to Fibernetics, Eastlink indicated that neither of these proposed alternatives were acceptable options and subsequently advised Fibernetics to source an alternate third-party internet access (TPIA) provider in the area.

Fibernetics alleges that the above actions will confer an undue preference to Eastlink as wholesale high speed access (HSA) providers will no longer have regulated access to Eastlink’s infrastructure.

Fibernetics indicated that its application meets the test for interim relief, as set out in RJR-MacDonald Inc. v. Canada (Attorney General) [1994] 1 S.C.R. 311. As such, to avoid disconnection in the interim, Fibernetics is requesting that, before 1 September 2026, the Commission order Eastlink to either:

  1. halt the removal of existing coaxial infrastructure in the Sydney area; or
  2. provide wholesale HSA services using fibre facilities on an aggregated basis until the issues raised in this application are resolved.

Fibernetics is also requesting, in the form of final relief:

  1. that all coaxial infrastructure be maintained until the Commission makes final determinations regarding incumbents’ regulatory obligations when copper or coaxial facilities are removed; and
  2. a Commission determination and associated timelines regarding cable carriers’ obligations to provide mandated wholesale aggregated FTTP access.

Staff notes that in Telecom Regulatory Policy 2024-180, the Commission indicated that the potential disruption of service and loss of competitive choices for Canadians raises significant concerns. Moreover, the Commission indicated that, in situations involving wholesale decommissioning, parties are expected to avoid instances where competitors could lose access to higher-speed aggregated HSA until the Commission addresses issues related to decommissioning through further process.

As a result, Commission staff requests that Eastlink maintain Fibernetics’ access to the premises at the affected addresses using one of the two methods proposed by Fibernetics in its application. This will maintain competitive choices for customers and avoid disconnection or other service issues. Commission staff requests that Eastlink confirm in writing before 2 April 2026 that this access will be preserved.

Commission staff expects that the additional process related to wholesale decommissioning practices will commence in the near future. In the meantime, Commission staff reminds parties that the Commission’s dispute resolution mechanism remains available to help identify potential solutions.

Please ensure that any claims for confidentiality are made in accordance with the requirements set out in the CRTC Rules of Practice and Procedure, including, for example, the requirement to file abridged versions of documents.

All documents must be received, and not merely sent, by the dates indicated, and can be filed on the Commission’s website using GCKey.

Yours sincerely,

Original signed by

Douglas Heath
Director General, Telecommunications Policy

c.c.: Philippe Kent, CRTC, Philippe.Kent@crtc.gc.ca
Sheila Leach, CRTC, Sheila.Leach@crtc.gc.ca
Geordalissa Moleon, CRTC, Geordalissa.Moleon@crtc.gc.ca

Distribution List

Fibernetics Corporation (regulatory@corp.fibernetics.ca)
Eastlink (regulatory.matters@corp.eastlink.ca)

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