| Citation: |
Wheatland County v. Shaw Cablesystems Limited, 2009 FCA 291, [2009] 4 F.C.R. D-18 |
A-544-08 |
Telecommunications
Appeal from Canadian Radio-television and Telecommunications Commission (CRTC) decision (Telecom Decision CRTC 2008-45) granting respondent, Canadian carrier and distribution undertaking, permission to construct transmission lines on highways, other public places in Wheatland, subject to conditions—CRTC exercising powers under Telecommunications Act, s. 43(4) on grounds parties failed to reach agreement regarding respondent’s membership in appellant’s notification program, Alberta One-Call—Respondent preferring to use own notification program—CRTC not erring in law, jurisdiction when deciding to adjudicate Alberta One-Call issue—CRTC’s decision not involving jurisdictional question since issue not involving broad question of tribunal’s authority—CRTC’s reasons for deciding to adjudicate the Alberta One-Call issue, while succinct, not unreasonable since decision justifiable, transparent, intelligible—Decision also having rational relationship to statutory objectives of providing reliable, affordable telecommunications—Appeal dismissed.
Wheatland County v. Shaw Cablesystems Limited (A-544-08, 2009 FCA 291, Evans J.A., judgment dated October 13, 2009, 23 pp.)