TORONTO – In response to calls for the Big Three telecommunications companies to provide wireless phone service on the TTC following a recent wave of violence, experts say the federal telecommunications regulator should require Rogers, Bell, and Telus to utilise the existing infrastructure of the subway system.
Ben Klass, a PhD candidate at Carleton University who studies telecommunications policy, stated that it is within the CRTC’s authority to issue a mandate if the providers refuse to voluntarily provide their customers with the ability to make calls, send text messages, and access the Internet underground.
He cited Section 24 of the Telecommunications Act, which grants the regulator the authority to impose rules governing the “selling and provision of any telecommunications service” on carriers.
Klass stated, “The CRTC has the authority to order these corporations to provide service and to regulate the circumstances under which they do so.”
It has quite broad authority to deal with such matters.
The TTC awarded BAI Communications Inc. a $25 million contract in 2012 to create and run its public Wi-Fi and cellular network. Coverage is provided at all downtown stations and tunnels, in addition to other sections of the route.
Nevertheless, only Freedom Mobile has contracted with BAI to give coverage to its users via its network. Rogers, Bell, and Telus have all declined.
Klass stated that Bell, Rogers, and Telus never wish to utilise the infrastructure of other businesses. “People always prefer to utilise their own because it is the least expensive option. When they do so, they earn the maximum money.”
In recent years, BAI has attempted to influence the firms through public pressure. In 2019, iwantaccess.ca was launched, inviting TTC riders to sign a petition urging that the Big Three utilise its network.
The active website notes, “Connectivity is vital during emergencies and when TTC riders feel insecure, allowing them to contact loved ones or seek for assistance when the emergency alarm is out of reach.”
Klass stated that two other parts of the Telecommunications Act may be invoked to support the CRTC’s intervention. Section 40 permits the commission to require a Canadian carrier to connect its telecommunications infrastructure to the network of another firm.
Section 42 grants the CRTC the authority to “require or permit the provision, construction, installation, alteration, relocation, operation, use, repair, or maintenance of any telecommunications facilities.”
However, Klass highlighted that the CRTC rarely exercises certain authorities unless it receives a complaint.
The CRTC did not immediately respond when asked whether it has received concerns regarding the lack of customer access to BAI’s network. Telus did not respond to a request for comment, nor did BAI.
Rogers spokesman Cam Gordon stated in a statement that the business recognises “rider safety is a top priority for Torontonians.”
“We acknowledge that connection plays an essential role in public safety and are dedicated to contributing to the solution,” he said.
Bell spokesperson Ellen Murphy stated that the existing network configuration is not suitable for the business to deliver cell service to subway consumers.
“We would prefer to give TTC passengers with reliable cell service, just as we have in Montreal and other cities, but the exclusive BAI solution will not provide the service that TTC riders require and deserve,” she said in a statement.
The Toronto city council approved a motion by Deputy Mayor Jennifer McKelvie for the city to “call on all mobile providers” to ensure service across the subway system and to notify the provincial and federal governments of the request last week.
In the previous year, there has been an uptick in violent occurrences on the TTC, including the stabbing death of 16-year-old Gabriel Magalhaes at the Keele station on March 25.
The motion did not request action from the CRTC.
David Turnbull, a spokesperson for the deputy mayor, stated in an email, “If we got advise from city staff and the TTC regarding the need to contact the regulator, we would adhere to that recommendation.”
Stuart Green, a spokesperson for the TTC, would not clarify on whether the transportation commission would support regulatory intervention.
“Our position has been crystal clear for over a decade. “The major telcos have declined to join on with BAI after the company won a competitive bid,” Green wrote in an email.
OpenMedia’s Rosa Addario is hopeful that recent instances would “bring additional attention and pressure to the issue that customers are at risk because (cellphone carriers) are not serving them.”
She stated, however, that it is evident the firms would not change unless they are forced to.
“Part of it stems from the regulatory need to see this kind of progress made, especially when Toronto residents face rising violence and terror,” Addario explained.
They are unwilling to adopt a straightforward solution.
In contrast to Toronto, the issue has been settled for a decade in Montreal, where Bell, Rogers, Telus, and Videotron created and co-own the cellphone network for the Metro system.
“These firms are so accustomed to owning the networks and having users pay for access that they do not want to see the situation reversed,” she said.
According to Jennifer Quaid, a competition law expert at the University of Ottawa, the incident highlights the risks of the Big Three’s market dominance.
“This is an example of when regulation is necessary,” she remarked.
They can afford to endure the situation. They can afford to not offer you with what you desire while you continue to pay. That is the result of a lack of options.”
