2020-02-25 A Telus contract re. FOC [Fibre Optic Cable]

1) A member who lives in a strata provided a contract presented by Telus ostensibly to install “free” fiber optic cable (see Letter below). I am not a lawyer but the contract appears to be extremely open to abuse. No definition or limit to “telecommunications equipment”. Of interest is the promise to not install any hazardous substance. Would this include EMR? Should we trust Telus with its offer of “free fiber optic cable”?

(click on photos to enlarge)

https://stopsmartmetersbc.com/wp-content/uploads/2020/02/Telus-PureFibre-network-Property-Owner-Information-Pamphlet-for-Multi-unit-Buildings.pdf

2) A media person speaks about cell phones, questioning the safety standards and speaking to Phonegate. Tucker Carlson, surprisingly. He is likely reaching an audience with brand new information.

How Toxic is Your Cell Phone?

“Occasionally, the media gets it right. Tucker Carlson on iPhone testing at 5x higher than legal radiation limits: “Twenty years from now, we’re going to look at that and laugh bitterly, like one of those Camel ads with smoking doctors.””

https://www.takebackyourpower.net/how-toxic-is-your-cell-phone-fox-news-investigates-radiation-testing-lawsuit/

Letter:

I am attaching some info [https://stopsmartmetersbc.com/wp-content/uploads/2020/02/Telus-PureFibre-network-Property-Owner-Information-Pamphlet-for-Multi-unit-Buildings.pdf] that Telus sent my strata and last night my strata voted to sign the attached agreement with Telus. The formal agreement is so open for ten years that it appears to me the third party/affiliates mentioned could be Huawei and the additional equipment in the future could be 5G boxes. As soon as the people in the strata heard they could get Telus PureFibre wired into the six buildings for free and that it would make their condos sell for more, they voted for it and it was even a 3/4 vote to pass. Two of us were concerned and asked questions of the sales reps in front of the group, and the woman answered differently than the contract says, but when I told the group they ignored me and my friend and voted for the contract.

I am attaching the contract and the marketing to you as I think this will be common in stratas in B.C. and Alberta. Telus did the testing with Huawei in Vancouver and sell Huawei phones but people don’t even seem to care about the spying and the holding of two Canadians connected to Mung, never mind the safety of 5G. They just want free something. I thought you would want to know about this.

X

https://stopsmartmetersbc.com/wp-content/uploads/2020/02/Telus-PureFibre-network-Property-Owner-Information-Pamphlet-for-Multi-unit-Buildings.pdf

TELUS NEXT GENERATION FIBRE NETWORK AGREEMENT

This Agreement is made as of the ________ day of _______________ 2019 (the “Effective Date”). The Owners, Strata Plan ___and Telus Commuications (Telus) agree to the following:

1. Intent. The intent of this Agreement is to permit TELUS to have access to the common areas (“Common Areas”) of the building(s) and property(ies) described in Schedule A (“Building(s)” and “Property(ies)”), to install telecommunications equipment (at no cost to either party), to provide improved services (“TELUS Services”) to Owner, strata lots/condominium owners, tenants, residents and other occupants of the Building(s) (the “Occupants”).

2. Ownership. Owner represents and warrants that it is the owner of the Building(s) and Property(ies) or if it is a strata or a condominium corporation it has full right, power and authority to enter into this Agreement with TELUS, including having passed the required resolution(s) authorizing it to enter into this agreement with TELUS.

3. Licence, Access. Owner hereby grants to TELUS the right and licence (at no cost to TELUS or Owner), according to the terms and conditions in this Agreement, to:

a. install, maintain, repair, modify and operate telecommunications infrastructure including equipment, fibre, wiring (including power), conduits, risers, pathways and similar facilities (collectively, the “Equipment”) in, on, over or under the Common Areas including without limitation rooms or other segregated spaces (the “Equipment Space(s)”), whether existing or installed by TELUS, and including from and to public streets and roads;
b. install in unobtrusive location(s), lock box(es) as required for access to locations in the Building(s) where Equipment serving multiple Occupants is located (such as the electrical room), and TELUS shall ensure that only authorized personnel shall have the right to use lock box(es);
c. with consent from the Occupant or a person on behalf of the Occupant, enter an Occupant’s premises to install a fibre optic plug and to install, repair, or maintain Equipment in Occupant’s premises to serve other parts of the Building(s); and
d. use Owner’s electrical service; and with Owner’s consent (not to be unreasonably withheld), at TELUS’ cost upgrade Owner’s service. TELUS shall pay for any electricity charges attributable to the operation of the Equipment, and where electricity consumption is expected to be insignificant or measurement impractical, the Parties may agree on an annual payment for such electricity use.

4. Equipment, Installation and Environmental

a. Prior to initial installation of Equipment, TELUS shall provide Owner with a description of the installation and shall identify the intended location(s) of the Equipment for Owner’s approval and consent, which approval and consent Owner shall not unreasonably withhold, condition or delay.
b. Prior to installation of any Equipment, Owner shall provide TELUS with notice of any toxic material or hazardous substances or contaminants (“Hazardous Substances”) under, in, or on the Common Areas including, but not limited to, asbestos, so TELUS may take appropriate precautions during installation and operation of the Equipment. TELUS may terminate this Agreement immediately, without liability, if it has any concerns with accessing Common Areas and/or installing Equipment due to the presence of Hazardous Substances. TELUS covenants that it will not bring or allow to be brought onto the Property(ies) or into the Building(s) any Hazardous Substances, and if it should do so, or if the Equipment should be found to contain Hazardous Substances, shall immediately notify the Owner, remove any such Hazardous Substances without delay, and perform any required remediation at TELUS’s own expense.
c. Any locking or segregation of the Equipment or Equipment Space(s) is for security purposes only.
d. Except for devices and equipment installed after a fibre plug, Equipment at all times remains the personal and moveable property of TELUS and will not become a fixture.

5. Renovation, Repair. If Owner is planning a renovation or repair of Common Areas that may affect the Equipment or Equipment Space(s), Owner will provide TELUS with reasonable advance written notice, to allow for TELUS to adjust and/or move Equipment before the renovation or repair starts. TELUS agrees to repair, at its sole expense, any direct damage to the Building(ies), Equipment Space(s) or Property(ies) where such damage relates to TELUS’ use of such areas.

6. Marketing. Owner shall permit TELUS to market, advertise, promote, sell and demonstrate TELUS Services directly to the Occupants including using the Common Areas to approach Occupants’ units with the intent of making face to face contact to, explain the build process and fibre based products, obtain permission from Occupants for TELUS to install (including schedule) a fibre plug and necessary wiring, and perform follow up service calls. This Agreement is made as of the ________ day of _______________ 2019 (the “Effective Date”). The Owners, Strata Plan ____ (“Owner”) and TELUS Communications Company (“TELUS”) agree as follows:Term. This Agreement will commence as of the Effective Date and will continue for a period of ten (10) years (the “Term”), following which the Term will be automatically renewed for consecutive, additional one (1) year terms (each, a “Renewal Term”) on the same terms and conditions set out in this Agreement, unless TELUS or the Owner elects, by notice in writing to the other party, that the Term or an extension not be renewed. If this Agreement is not renewed, TELUS shall have 90 days to remove the Equipment, failing which it will be deemed abandoned and thereafter ownership, title and all responsibility for abandoned Equipment will automatically transfer to the Owner.

8. Buildings, Rights. TELUS’ rights set out in this Agreement are not obligations of TELUS and, in its sole and absolute discretion, TELUS may choose not to exercise some or all of these rights in this Agreement with respect to one or more Building(s) and/or Property(ies), notwithstanding anything to the contrary in this Agreement. Should TELUS decide not to exercise all of its rights with respect to one or more Building(s) and/or Property(ies), then at TELUS’ sole election, it shall have the right to send written notice of this decision to the Owner, and upon receipt of the said notice, the Building(s) and/or Property(ies) set out in the said notice shall be deemed deleted from Schedule A, and from then on not form part of this Agreement. The decision to not exercise all of TELUS’ rights in this Agreement with respect to one or more Building(s) and/or Property(ies), may be made by TELUS, at any time during the Term or any Renewal Term. Upon issue of the said notice, TELUS may remove its Equipment from the Building(s) and/or Property(ies) set out in the said notice and failing which the Equipment will be deemed abandoned and thereafter ownership, title and all responsibility for abandoned Equipment will automatically transfer to the Owner.

9. Assignment. TELUS may: (i) assign its rights under this Agreement to its Affiliates, and (ii) grant rights to its Affiliates and to third parties to exercise the rights granted to TELUS under this Agreement. “Affiliate” means any corporation, partnership or other entity that controls, is controlled by, or is under common control with such party. The rights in this Licence may be exercised by TELUS, its contractors and agents and permitted assigns and their contractors and agents. In the event of the dissolution or other winding up of the Owner, or in the event of the disposition of Building(s) or Property(ies) which are the subject of this Agreement (and for additional clarity which have not been subject to an election by TELUS under the mechanism described in the preceding paragraph), TELUS will at no cost permit assignment of the Owner’s rights and obligations to the Owner’s successor(s), or termination of the Agreement, on 90 days’ notice.

10. Enurement, Entire Agreement, Execution. This Agreement including the attached schedules contains the entire agreement between Owner and TELUS and expressly excludes all prior representations and discussions, either oral or written, between the Parties with respect to its subject matter, other than those set forth in this Agreement. This Agreement shall enure to the benefit of and be binding upon the successors and permitted assigns of Owner and successors and permitted assigns of TELUS. Owner shall cause every assignee or successor of Owner to agree in writing to be bound by all obligations of Owner hereunder. This Agreement may only be amended by written instrument signed by the Parties. This Agreement may be executed in one or more counterparts and transmitted by facsimile or other electronic means of transmission, and all such counterparts together will constitute one agreement.

IN WITNESS WHEREOF the Parties by their duly authorized representatives have executed this Agreement as of the Effective Date.

TELUS COMMUNICATIONS COMPANY
___________________________________
Signature (Authorized Signatory)
___________________________________
Print Name

___________________________________
Strata/Condo Corporation’s Legal Name

___________________________________
Signature (Member of Strata Council for BC
or Member of the Board for Alberta)
___________________________________
Print

 

 

Sharon Noble, Director, Coalition to Stop Smart Meters

“We have now sunk to a depth at which restatement of the obvious is the first duty of intelligent men.” George Orwell

www.stopsmartmetersbc.com

Smart Meters, Cell Towers, Smart Phones, 5G and all things that radiate RF Radiation