The reliance on telecommunication services, inclusive of multimedia, internet and phone communications, both for residential as well as for commercial purposes in Canada today has necessitated the installation of an expansive network of telecommunications infrastructure across the country by telecommunication carriers such as Bell Canada (“Bell”), Rogers Communications (“Rogers”), and Telus Communications (“Telus”) among others (together, “Carriers”).
With the development of new and enhanced services (i.e. 5G network installations), continued new infrastructure has been required, much of which lies under our roads and highways. In other words, much of today’s telecommunications infrastructure lies under municipalities’ rights-of-way (“ROW”).
Carriers therefore need municipal access in order to install, maintain, repair, and basically operate and provide their services to consumers. Under Canadian law however, a municipality’s prior consent is required in order to do so. As a result, municipalities are significantly involved in overseeing the installation of telecommunication infrastructure and in the activities of Carriers.