Legal Advice Regarding Rogers’ Application to Canadian Radio-Television and Telecommunications Commission

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The decision

2024-10-09 · Toronto City Council · adopted

As filed

City Council on October 9 and 10, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 2, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (October 2, 2024) from the City Solicitor remain confidential in its entirety as it contains advice that is subject to solicitor-client privilege.

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3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 2, 2024) from the City Solicitor, at the discretion of the City Solicitor. Confidential Attachment 1 to the report (October 2, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (October 2, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Rogers Communications Canada Inc. and the City of Ottawa have been negotiating the terms of a municipal access agreement, an agreement containing the terms upon which Rogers is permitted to install, maintain, and replace its infrastructure in the municipal right-of-way. Rogers filed an application with the Canadian Radio-Television and Telecommunications Commission on the basis that it was not able to reach agreement with Ottawa as to some important terms of the municipal access agreement; it asks the Canadian Radio-Television and Telecommunications Commission to approve Rogers' preferred terms in the municipal access agreement and require Ottawa to incorporate those terms in their municipal access agreement.

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The City is also in the process of negotiating a new municipal access agreement with Rogers regarding the installation, maintenance, and replacement of its infrastructure in the public highway in Toronto. Some of the proposed terms in the municipal access agreement between Rogers and Ottawa are the same as or similar to terms proposed by Rogers in respect of its municipal access agreement with the City. Confidential Attachment 1 provides further information and advice regarding Rogers' Canadian Radio-Television and Telecommunications Commission application.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in the Confidential Attachment. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1, at the discretion of the City Solicitor. 3. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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