Regulation - LGIC

Accelerating Broadband Deployment with Electricity System Assets

Regulation Number(s):
410/22
60/23
Instrument Type:
Regulation - LGIC
Bill or Act:
Ontario Energy Board Act, 1998.
Summary of Decision:
O. Reg. 410/22: Electricity Infrastructure - Designated Broadband Projects was made and filed on April 21, 2022. The regulation intended to ensure responsible and predictable behaviour by Ontario's local distribution companies (LDCs) as well as to promote efficiency and help achieve the government's commitment to have 100 percent connectivity by the end of 2025.

Based on new project information provided by Infrastructure Ontario, the Ministry has amended O. Reg. 410/22. These amendments:

1. Shortened the timelines for LDCs to grant Internet Service Providers (ISPs) permission to attach broadband infrastructure to electricity poles. For permits of over 200 poles, the performance timeline was reduced from 215 days plus two extra days per pole over the 200th, to 215 days plus one day for every additional dozen or fewer poles over the 200th.
2. Set a maximum timeline of 180 days for any notice received on or after January 1, 2025, and created new provisions related to material deficiencies associated with these notices.
3. Require LDCs to identify who will conduct the necessary "make ready" work prior to attachment within 10 days of receiving written notice from an ISP of their intention to attach.

The Ministry's previous regulatory impact assessment of O. Reg 410/22 did not identify compliance costs for regulated entities. No additional costs are expected to arise from these amendments.
By accelerating the timeline to achieve 100 per cent access to high-speed internet by the end of 2025, all communities will be closer to participating in the digital economy, making them stronger, more competitive, and sustainable. The Government's investment in broadband is expected to pay dividends in every social determinant of health. The Ministry remains committed to supporting its local distribution company partners to achieve Ontario's broadband deployment target.
Analysis of Regulatory Impact:
The Ministry's previous regulatory impact assessment of O. Reg 410/22 did not identify compliance costs for regulated entities. No additional costs are expected to arise from these amendments.

By accelerating the timeline to achieve 100 per cent access to high-speed internet by the end of 2025, all communities will be closer to participating in the digital economy, making them stronger, more competitive, and sustainable. The Government's investment in broadband is expected to pay dividends in every social determinant of health.
Further Information:
Proposal Number:
22-ENDM019
Posting Date:
October 25, 2022
Summary of Proposal:
O. Reg. 410/22: Electricity Infrastructure - Designated Broadband Projects was was made and filed on April 21, 2022. The regulation intended to ensure responsible and predictable behaviour by Ontario's local distribution companies (LDCs) as well as to promote efficiency and help achieve the government's commitment to have 100 percent connectivity by the end of 2025.

Based on new project information provided by Infrastructure Ontario, the Ministry is proposing to amend to O. Reg. 410/22. These amendments would:

1. Shorten the timelines for LDCs to grant Internet Service Providers (ISPs) permission to attach broadband infrastructure to electricity poles. For permits of over 200 poles, the Ministry proposes shortening the performance timeline from 215 days plus two extra days per pole over the 200th, to 215 days plus two hours per pole over the 200th.

2. Require LDCs to identify who will conduct the necessary "make ready" work prior to attachment within 10 days of receiving written notice from an ISP of their intention to attach.
Contact Address:
Ministry of Energy
77 Grenville Street, 6th Floor
Toronto ON M7A 2C1
Effective Date:
March 28, 2023
Decision:
Approved