skip to main content
Back to all blog posts

Posted in: Ontario | Practice & Procedure | Ratemaking

Jan 6, 2016

OEB Review of Wireline Pole Attachment Charges is Underway

By David Stevens

Last year, we wrote a number of posts discussing ongoing proceedings addressing the pole attachment fees being charged to cable and telecommunications Carriers (see here, here and here). At issue was whether the methodology for determining these fees, and the amounts of the fees, should be updated from the level that was set in 2005. Generally speaking, distributors support raising the rates (as seen in the Toronto Hydro, Hydro One and Hydro Ottawa rate applications) and Carriers object to the magnitude of the increases being sought.

Now, as promised in a Decision in the Hydro Ottawa rate proceeding, the Ontario Energy Board (OEB) has begun a process to determine the approach to be used to set wireline pole attachment fees across Ontario. In a November 2015 letter, the OEB initiated a "comprehensive policy review" of miscellaneous rates and charges. The OEB indicated that the first component of the review will address wireline pole attachment fees.

The OEB has asked interested parties to apply to be part of a Pole Attachments Working Group (PAWG). Presently, around 15 parties have applied to be part of the PAWG, but there has been no decision about who will be appointed. According to the OEB's letter, the PAWG will provide advice on technical aspects and related details for pole attachment charges. The next step will then consider the methodology to be used to determine charges, including the appropriate treatment of revenues that the carriers may receive from third parties (for "overlashing").

It is not clear how long the OEB's "comprehensive policy review" will take. In the meantime, the proceeding to set the appropriate wireline pole attachment fees for Hydro One continues. According to a recent Procedural Order, there will be a Settlement Conference held in mid-January 2016 to try to resolve this issue. It is not clear whether and how the Hydro One/Carriers proceeding is impacted by the OEB's "comprehensive policy review."

Related Blogs

Posted in: Ontario | Consumer Protection

Insights EnergyInsider
Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act (CPA) that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items...

Posted in: Ontario | Ratemaking | Energy Insider | Consumer Protection

Insights EnergyInsider
OEB Announces Additional RPP Pricing Pilot Program Approvals By David Stevens Feb 06, 2018 The Ontario Energy Board (OEB) has recently announced another participant in its Regulated Price Plan (RPP) pricing pilot program. CustomerFirst will test two different RPP pricing pilots in the service territories of 6 distributors: Newmarket-Tay Power Distribution Ltd., Greater Sudbury Hydro In...

Posted in: Ontario Court of Appeal | Ontario | Health and Safety

Insights EnergyInsider
Court of Appeal Upholds Decision in Kazenelson Criminal Negligence Case By Cynthia R. C. Sefton Feb 05, 2018 Individuals in Canada who have the authority to direct how another person does work or performs a task have a duty under s. 217.1 of the Criminal Code to take reasonable steps to prevent bodily harm to that person or to any other person from that work or task. All such individuals, who are also l...