TELECOMMUNICATIONS
Appeal from decision by Canadian Radio-television and Telecommunications Commission dated August 25, 2005 (Telecom Decision CRTC 2005-46) denying application by MTS Allstream Inc. to set aside Municipal Access Agreement (MAA) entered into by corporate predecessor with City of Toronto, and to impose terms, conditions more favourable to Allstream pursuant to Telecommunications Act, S.C. 1993, c. 38, s. 43(4)—Appeal dismissed—CRTC correct to take narrow view of scope of inquiry under s. 43(4) once MAA in place—CRTC could only reopen MAA if terms inconsistent with Act or if negotiated in circumstances rendering it invalid, which was not the case.
MTS Allstream Inc. v. Toronto (City) (A-653-05, 2006 FCA 385, Evans J.A., judgment dated 27/11/06, 9 pp.)