To help deliver dense 5G networks across the country, the CRTC has confirmed its power to require operators to provide access to their physical infrastructure
The level of densification needed to deploy 5G networks has required the CRTC to confirm its PIA regulation
On 14 May 2025, the Canadian Radio-Television and Telecommunications Commission (CRTC) announced a decision confirming a requirement on telecoms operators – referred to as incumbent local exchange carriers (ILECs) – to allow competitors to attach mobile network equipment, including small cells, on to “support structures” that ILECs own or control. Support structures are defined as:
Poles: vertical structures that hold communication lines; and
Strands: Groups of wires suspended between poles or between a pole and a building to support the weight of communication lines and other equipment.
The CRTC first set out basic principles for the general right of access to ILECs’ support structures, as well as the rates for access, 30 years ago. In 2014, it then determined whether or not a permit is needed to use a given type of infrastructure. However, to achieve the network density required for 5G, the regulator states that thousands of small cells will need to be deployed across Canada – and also that finding suitable locations for this equipment can be challenging and costly.
It was disputed whether the regulator has the power to require ILECs to grant access to their infrastructure
Between 2020 and 2023, the CRTC received applications from Quebecor and Rogers for an order directing Bell to allow the operators to attach small cells to its infrastructure. The regulator incorporated these applications into a single public consultation in 2024 in order to build a robust record upon which to comprehensively address the matter. In particular, the CRTC gathered views on:
Whether it has jurisdiction over the deployment of “wireless facilities” on ILEC-owned or -controlled support structures;
The application of existing support structure tariffs to said facilities; and
What regulatory changes, if any, may be required to facilitate the deployment of advanced mobile technologies in Canada.
The question of jurisdiction was the first issue to address, with Bell arguing that the placement of small cells on support structures sits exclusively with government department Innovation, Science and Economic Development Canada (ISED), and that concurrent jurisdiction would lead to “an incompatibility of purpose and an operational conflict” between different pieces of legislation. Most stakeholders, however, supported the CRTC, which confirmed its preliminary view in the consultation that it has concurrent jurisdiction with ISED over the deployment of wireless facilities, and that access to support structures owned or controlled by the ILECs for the installation of small cells is subject to the ILECs’ support structure service tariffs.
The CRTC appears to have confidence in the current regime, considering it help network deployment and competition
In its ruling, the CRTC also determines that there are no significant technical differences between small cells and Wi-Fi equipment that would require different treatment for the purpose of attachment to support structures, and confirmed that the same rules apply for the installation of wireless facilities as any other telecoms device under support structure tariffs, namely that:
Permits are required for the installation of small cells on poles owned or controlled by ILECs; and
Licensees are not required to apply for permits for the addition, rearrangement, transfer, replacement or removal of equipment inserted in their own cables on strands leased from ILECs.
The regulator therefore concluded that existing support structure tariffs adequately address the deployment of wireless facilities on ILECs’ support structures. It considers that this decision will support its objective to increase the choice and affordability of mobile services across Canada by making it easier for operators to deploy new telecoms networks and to expand their coverage, which will in turn help promote competition in the market.
