The Federal Court of Appeal has rejected BCE Inc.’s request for a stay of a regulatory decision that will allow independent companies to sell internet services to their customers through Bell’s fibre network in Ontario and Quebec.
The court’s decision was delivered Friday, a day after Bell Canada announced it was slashing 4,800 jobs and could further cut network spending based in part on the CRTC’s direction.
It also came just ahead of the next phase of the federal telecommunications regulator’s study of the same issue. The CRTC kicked off a five-day hearing on Monday as part of its review into internet competition in Canada.
The CRTC announced last November it would temporarily require large telephone companies, namely Bell and Telus Corp., to provide competitors with access to their fibre-to-the-home networks in Canada’s two largest provinces within six months. (The rule doesn’t apply to Canada’s other major carrier, Rogers Communications Inc., which uses a cable network.)
But Bell asked the court for permission to appeal the CRTC’s temporary ruling and for a stay of that decision pending the outcome of the court process, which would effectively delay independent companies from obtaining access to Bell’s network to sell their internet services this May.
The court will hear the appeal, but dismissed the company’s motion for a stay of the decision.
“I find that it has not established that it will suffer irreparable harm if the stay is not granted,” Justice Mary Gleason wrote.
In a statement, Bell spokeswoman Jacqueline Michelis said that “while we are disappointed the court did not grant our stay request to stop the interim order, we think the court made the right decision to grant our request for leave to appeal.”
“The CRTC’s interim decision to force Bell to provide access to its networks in Quebec and Ontario is already having a negative impact on the build out of our new fibre network,” she said.
“The CRTC should prioritize continued network investment over network resale, or risk Canada falling behind in the digital economy.”
Bell is also awaiting a decision from the federal cabinet, which it has asked to review the regulator’s move.
The CRTC’s decision last November was meant to stimulate competition for internet services, noting at the time its review could potentially make that direction permanent and apply it to other provinces.
Its hearing this week, which is set to hear from 22 groups, will focus on three main questions, CRTC chairwoman Vicky Eatrides said in her opening remarks. Those include how well internet services markets are working for Canadians currently, what changes are necessary to ensure a more competitive future, and how the CRTC can provide clarity so companies “can invest in and bring more high quality, innovative services to market.”
“In recent years, we have seen declining competition between internet providers,” Eatrides said.
“Many internet providers — independent providers — have been bought out by the large companies and those that are left have fewer subscribers than they once did. We also know that telecommunications networks are expensive to build, to maintain and to operate, so unless there is a prospect for returns, investors will put their money elsewhere.”
Bell has accused the CRTC of “predetermined” outcomes related to its review, noting the commission’s direction thus far reduces its incentive to continue building out its fibre network.
But the Competition Bureau argued Monday during its appearance at the CRTC hearing that effective wholesale fibre access can foster more competition for internet services.
The competition regulator recommended the CRTC update its wholesale access framework to provide independent carriers “access to an increasingly important network while also serving to reduce asymmetry between incumbent facilities-based competitors that can distort competition.”
“Competition among internet providers is not only about price and service quality in the short-run, but also about building and improving internet networks in the long-run,” said Competition Bureau deputy commissioner Krista McWhinnie.
John Lawford, executive director of the Public Interest Advocacy Centre, urged the regulator not to succumb to the “threats of investment withdrawal” by large carriers.
“The commission has a mandate to achieve the telecommunications policy objectives, not to return monopoly rent to incumbents,” Lawford said.
“The incumbents are bullying the commission into using their overheated definition of ‘investment’ as a trump card that always wins. They must be told ‘no.'”
This report by The Canadian Press was first published Feb. 12, 2024.
Companies in this story: (TSX:BCE,TSX:T, TSX:RCI.B)
TOKYO (AP) — Japanese technology group SoftBank swung back to profitability in the July-September quarter, boosted by positive results in its Vision Fund investments.
Tokyo-based SoftBank Group Corp. reported Tuesday a fiscal second quarter profit of nearly 1.18 trillion yen ($7.7 billion), compared with a 931 billion yen loss in the year-earlier period.
Quarterly sales edged up about 6% to nearly 1.77 trillion yen ($11.5 billion).
SoftBank credited income from royalties and licensing related to its holdings in Arm, a computer chip-designing company, whose business spans smartphones, data centers, networking equipment, automotive, consumer electronic devices, and AI applications.
The results were also helped by the absence of losses related to SoftBank’s investment in office-space sharing venture WeWork, which hit the previous fiscal year.
WeWork, which filed for Chapter 11 bankruptcy protection in 2023, emerged from Chapter 11 in June.
SoftBank has benefitted in recent months from rising share prices in some investment, such as U.S.-based e-commerce company Coupang, Chinese mobility provider DiDi Global and Bytedance, the Chinese developer of TikTok.
SoftBank’s financial results tend to swing wildly, partly because of its sprawling investment portfolio that includes search engine Yahoo, Chinese retailer Alibaba, and artificial intelligence company Nvidia.
SoftBank makes investments in a variety of companies that it groups together in a series of Vision Funds.
The company’s founder, Masayoshi Son, is a pioneer in technology investment in Japan. SoftBank Group does not give earnings forecasts.
Shopify Inc. executives brushed off concerns that incoming U.S. President Donald Trump will be a major detriment to many of the company’s merchants.
“There’s nothing in what we’ve heard from Trump, nor would there have been anything from (Democratic candidate) Kamala (Harris), which we think impacts the overall state of new business formation and entrepreneurship,” Shopify’s chief financial officer Jeff Hoffmeister told analysts on a call Tuesday.
“We still feel really good about all the merchants out there, all the entrepreneurs that want to start new businesses and that’s obviously not going to change with the administration.”
Hoffmeister’s comments come a week after Trump, a Republican businessman, trounced Harris in an election that will soon return him to the Oval Office.
On the campaign trail, he threatened to impose tariffs of 60 per cent on imports from China and roughly 10 per cent to 20 per cent on goods from all other countries.
If the president-elect makes good on the promise, many worry the cost of operating will soar for companies, including customers of Shopify, which sells e-commerce software to small businesses but also brands as big as Kylie Cosmetics and Victoria’s Secret.
These merchants may feel they have no choice but to pass on the increases to customers, perhaps sparking more inflation.
If Trump’s tariffs do come to fruition, Shopify’s president Harley Finkelstein pointed out China is “not a huge area” for Shopify.
However, “we can’t anticipate what every presidential administration is going to do,” he cautioned.
He likened the uncertainty facing the business community to the COVID-19 pandemic where Shopify had to help companies migrate online.
“Our job is no matter what comes the way of our merchants, we provide them with tools and service and support for them to navigate it really well,” he said.
Finkelstein was questioned about the forthcoming U.S. leadership change on a call meant to delve into Shopify’s latest earnings, which sent shares soaring 27 per cent to $158.63 shortly after Tuesday’s market open.
The Ottawa-based company, which keeps its books in U.S. dollars, reported US$828 million in net income for its third quarter, up from US$718 million in the same quarter last year, as its revenue rose 26 per cent.
Revenue for the period ended Sept. 30 totalled US$2.16 billion, up from US$1.71 billion a year earlier.
Subscription solutions revenue reached US$610 million, up from US$486 million in the same quarter last year.
Merchant solutions revenue amounted to US$1.55 billion, up from US$1.23 billion.
Shopify’s net income excluding the impact of equity investments totalled US$344 million for the quarter, up from US$173 million in the same quarter last year.
Daniel Chan, a TD Cowen analyst, said the results show Shopify has a leadership position in the e-commerce world and “a continued ability to gain market share.”
In its outlook for its fourth quarter of 2024, the company said it expects revenue to grow at a mid-to-high-twenties percentage rate on a year-over-year basis.
“Q4 guidance suggests Shopify will finish the year strong, with better-than-expected revenue growth and operating margin,” Chan pointed out in a note to investors.
This report by The Canadian Press was first published Nov. 12, 2024.
TORONTO – RioCan Real Estate Investment Trust says it has cut almost 10 per cent of its staff as it deals with a slowdown in the condo market and overall pushes for greater efficiency.
The company says the cuts, which amount to around 60 employees based on its last annual filing, will mean about $9 million in restructuring charges and should translate to about $8 million in annualized cash savings.
The job cuts come as RioCan and others scale back condo development plans as the market softens, but chief executive Jonathan Gitlin says the reductions were from a companywide efficiency effort.
RioCan says it doesn’t plan to start any new construction of mixed-use properties this year and well into 2025 as it adjusts to the shifting market demand.
The company reported a net income of $96.9 million in the third quarter, up from a loss of $73.5 million last year, as it saw a $159 million boost from a favourable change in the fair value of investment properties.
RioCan reported what it says is a record-breaking 97.8 per cent occupancy rate in the quarter including retail committed occupancy of 98.6 per cent.
This report by The Canadian Press was first published Nov. 12, 2024.
