Building Bridges for 5G: How to Overcome the Infrastructure Barriers to Deployment of Canada’s Next-Generation Broadband Networks

Next-generation broadband networks are poised to be key enablers of Canada’s future economic and social prosperity. 5G alone is expected to be transformative, generating billions in additional gross domestic product, thousands of jobs, and myriad social benefits. Expedient deployment of these networks and realization of the economic and social benefits they will produce depend on timely and reasonable access to the infrastructure that supports wireline and wireless network facilities and the land on which these supporting structures and facilities are placed; that is, “passive infrastructure.” Other countries, such as the United States and the United Kingdom, have made material changes in recent years to their regulatory frameworks for carrier access to passive infrastructure to support the deployment of next-generation communications networks. In contrast, Canada’s regulatory framework for carrier access to passive infrastructure remains largely unchanged from the regime that was established to support construction of monopoly telegraph and telephone infrastructure. Not surprisingly, this regime focuses on the construction of “transmission lines.” A regime that does not expressly capture wireless infrastructure is plainly inadequate at this juncture. More generally, the current regulatory framework fails to establish comprehensive and consistent regulatory oversight over carrier access to provincial and municipal supporting infrastructure and land to construct and maintain their wireline and wireless facilities or provide for the effective resolution of access disputes. This paper makes seven recommendations to modernize and streamline the framework for carrier access to passive infrastructure in Canada. Most of these recommendations propose amendments to the Telecommunications Act to clarify that the Canadian Radio-television and Telecommunications Commission has explicit authority to address access issues involving both wireline and wireless facilities, on all forms of support structures and on all lands. These recommendations, if implemented, would eliminate many of the obstacles carriers face when expanding their networks, and facilitate timely and cost-effective construction of the communications system that will power Canada’s post-pandemic recovery and economic and social prosperity in the digital economy.