Wholesale Broadband Access and Regulatory Appeals in the Canadian Telecommunications Industry: An Institutional Analysis

This thesis focuses on Canada’s federal regulatory appeal procedure, the “Petition to the Governor in Council” (GiC), and questions how it integrates with other institutional actors in the country’s telecommunications policymaking apparatus. The research applies the Institutional Analysis and Development framework methodology to a recent GiC appeal decision in favour of mandated wholesale broadband access to fibre-to-the-premises facilities. This appeal decision, the thesis suggests, helps to illustrate how Canada’s telecommunications regulator, the CRTC, has maintained its ability to shape the specifics of policy outcomes. Despite GiC jurisdiction over the direction to telecommunications regulation, as well as obstructions to CRTC policy development that can transpire as a byproduct of GiC appeal decisions, the findings show that the CRTC has nevertheless defended its status as the lead actor in the regime. The thesis also points to areas where the GiC procedure would benefit from improved transparency and strengthened conduits for regional representation.M.I.S