Understanding the TELUS 5G Appeal: Potential Impacts on Power Utilities and Municipal Access

TELUS, along with Rogers and Vidéotron, recently appealed to the Supreme Court of Canada (SCC), asking for a change in how Canadian law allows telecom companies to access municipal property for 5G installations.

They argue that current laws should let them install 5G equipment, like small cell antennas, on municipal property without needing to negotiate each location separately. Instead, TELUS wants the

Canadian Radio-television and Telecommunications Commission

(CRTC, the telecommunications regulator) to have the final say on installations, similar to how wired infrastructure, like fiber-optic cables, are handled today.

The case relates to the interpretation of S. 43 of the Telecommunications Act, which outlines access to public property for telecommunication-related “transmission lines.”  While the CRTC, Federal Broadcasting and Telecommunications Legislative Review Panel, and the Court of Appeal have all taken the stance that this provision is limited to “wireline” communications.

Telus is fighting to change this interpretation to include wireless technology so they can easily deploy small cell antennae for 5G deployment. Under the current law, telecom companies must individually negotiate with municipalities for each 5G antenna site on public land. TELUS believes this approach is outdated and inefficient for building a 5G network, which requires thousands of small antennas to provide reliable coverage. They argue that because 5G antennas rely on connections to the wired network, they should be treated the same as traditional transmission lines, allowing the CRTC to oversee access to municipal property.

Electricity Canada, alongside the Federation of Canadian Municipalities (FCM), disagrees with TELUS’s interpretation. They argue that laws have always treated wired and wireless infrastructure separately, and for good reasons: wireless equipment has unique safety and operational considerations, especially when installed on assets like streetlights and power poles. If the SCC sides with TELUS, the CRTC would gain control over these installations, potentially impacting power utilities’ infrastructure by allowing telecom companies greater access without the usual local oversight.

For power utilities, this case is significant. Many utilities use municipal land and assets for power infrastructure, and having the CRTC step in as the final arbiter could change how joint-use agreements are managed. With CRTC oversight, utilities may have less say over how telecom equipment, such as antennas, is attached to their assets, raising concerns about safety, coordination, and maintenance costs.

The Supreme Court heard the case on October 16, 2024. A decision could take several months to a year, and Electricity Canada is preparing for both outcomes. If the court sides with TELUS, Electricity Canada may need to push for legislative changes to address concerns over safety and property rights. If the court upholds the current system, utilities and municipalities would continue to negotiate access for each wireless installation site.

Electricity Canada is closely monitoring the case and will provide updates. This decision has the potential to impact how telecom and utility infrastructures coexist, so members should stay informed on developments.