Experts call on CRTC to force big telcos to provide cell service on TTC amid spate of violence

Amid calls for the big three telecommunicationscompaniestoprovidewireless phoneserviceontheTTCfollowing a recent wave of violence,expertssay the federal telecommunications regulator should force Rogers, Bell and Telustouse the subway system's existing infrastructure.

Ben Klass, a PhD candidate at Carleton University who researches telecommunications policy, said it's within the CRTC's powerstoissue a mandate if the providers won't voluntarily give their customers the abilitytocall, text or browse the web while underground.

He pointedtoSection 24 of the Telecommunications Act, which sets out powers for the regulatortoimpose conditionsoncarriers governing the "offering and provision of any telecommunicationsservice."

"TheCRTChas the powertoorder thesecompaniestoofferserviceand alsotoset the conditionsonwhich they do so," said Klass.

"It has extremely broad powerstodeal with these types of things."

In 2012, theTTCawarded a $25-million contracttoBAI Communications Inc.tobuild and operate its public Wi-Fi and cellular network. Coverage is available at all stations and in tunnels located downtown, as well as other portions of the route.

But only Freedom Mobile has signedontoprovidecoveragetoits customers through BAI's network. Rogers, Bell and Telus have declinedtodo so.

"In general, Bell, Rogers and Telus never wanttouse othercompanies' infrastructure," Klass said. "They always wanttouse their own because it's the cheapest way. They make the most money when they do that."

BAI has attemptedtosway thecompaniesthrough public pressure in recent years. In 2019, it launched an online campaign, iwantaccess.ca, that invitedTTCriderstosign a petition requesting the so-called Big Three use its network.

"Connectivity is essential during emergencies and whenTTCriders feel unsafe, allowing themtocontact loved ones or call for help when the emergency alarm is out of reach," states the website, which remains active.

2 other legal tools could justify CRTC action

Two other sections of the Telecommunications Act could be usedtojustify theCRTCstepping in, said Klass. Section 40 allows the commissiontoorder a Canadian carriertoconnect its telecommunications facilitiestoanother company's network.

Another legal tool, Section 42, empowers theCRTCto"require or permit any telecommunications facilitiestobe provided, constructed, installed, altered, moved, operated, used, repaired or maintained."

But Klass noted theCRTCoften doesn't actoncertain powers unless it receives a complaint.

Asked if it has received complaints about the lack of consumer accesstoBAI's network, theCRTCdid not immediatelyprovidecomment. Nor did BAI, while Telus did not respondtoa request for comment.

In a statement, Rogers spokesperson Cam Gordon said the company knows "rider safety is a key concern for Torontonians."

"We recognize that connectivity plays an important role in public safety and we are committedtobeing part of the solution," he said.

Bell spokesperson Ellen Murphy said the current network setup isn't optimal for the companytoprovidecellservicetoits customersonthe subway.

"We would liketobring reliablecellservicetoTTCpassengers, just as we've done in Montreal and other cities, but the exclusive BAI solution won'tprovidetheservicethatTTCpassengers need and deserve," she said in a statement.

City calls on providers to ensure service in subways

Last week, Toronto city council passed a motion by Deputy Mayor Jennifer McKelvie urging the cityto"callonall cellphone providers"toensureserviceis available across the subway system andtonotify the provincial and federal governments of the request.

That was prompted by an increase in violent incidentsontheTTCover the past year, including the stabbing death of 16-year-old Gabriel Magalhaes at Keele stationonMarch 25.

The motion did not callontheCRTCtotakeaction.

"If we received advice from city staff and theTTCabout the needtoreach outtothe regulator, we would follow that advice," said David Turnbull, a spokesperson for the deputy mayor, in an email.

TTCspokesperson Stuart Green did not elaborateonwhether the transit commission would be in favour of regulatory intervention.

"Our position has been clear for a decade-plus. BAI won a competitive tender and the major telcos have refusedtosignon," Green said in an email.

'There's an easy fix'

Rosa Addario of OpenMedia, an advocacy organization that promotes internet accessibility, said she is hopeful that recent incidents will "give new attention and pressuretothe issue that customers are at risk because (cellphonecompanies) are failingtoserve them."

But she said it's clear thecompaniesare not goingtochange their tune unless they are forcedtodo so.

"Part of it does come from a regulatory standpoint of needingtosee this kind of progress move forward, especially as people in Toronto are facing increased violence and fear," Addario said.

"There's an easy fix and they're refusingtosignontoit."

She highlighted that unlike in Toronto, the issue has been resolved for a decade in Montreal, where Bell, Rogers, Telus and Videotron built and co-own the Metro system's cellphone network.

"Thesecompaniesare so usedtobeing the ones that own the networks and people pay them for access and they don't wanttosee it be the other way around," she said.

The situation exemplifies the pitfalls of the Big Three's dominance in the market, accordingtoJennifer Quaid, a University of Ottawa professor who specializes in competition law.

"It's an illustration of when you do need regulation," she said.

"They can affordtowait it out. They can affordtonot actuallyprovideyou what you want and you'll still havetopay. That's what lack of choice brings."