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ARTICLE · 09 JULY 2015

OEB Review Of Cable Pole Attachment Fees (Updated)

Aird & Berlis LLP
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In a recent post, we discussed how two recent Ontario electricity distribution rate applications touched off disputes over the pole attachment fees being charged to cable and telecommunications companies (Carriers).

CanadaEnergy and Natural Resources
David Stevens
David Stevens
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In a recent post, we discussed how two recent Ontario electricity distribution rate applications touched off disputes over the pole attachment fees being charged to cable and telecommunications companies (Carriers). In each of the two cases (Toronto Hydro and Hydro One), the applicant sought substantial increases to the pole attachment fees. As a preliminary matter within one of those cases (Toronto Hydro), the OEB determined that it has jurisdiction to set these charges in a rate case. However, there was an outstanding question about whether the significant increases being sought by the applicants were just and reasonable.

The new pole attachment fees to be charged by Toronto Hydro have now been agreed upon between the affected stakeholders, including the Carriers. A Settlement Proposal has been filed with the OEB, with support from OEB staff. Assuming that the Settlement Proposal is approved by the OEB, Toronto Hydro's pole attachment fees (per pole, per

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