ARCHIVED - Telecom Commission Letter - 8663-C12-200614439
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Ottawa, 26 September 2007
Our File: 8663-C12-200614439
Delivered by e-mail
Re: Organization and conduct of the oral hearing
The Commission is scheduled to hold an oral hearing in connection with the above-noted proceeding commencing on Tuesday, 9 October 2007 at the Conference Centre, Phase IV, Outaouais Room, 140 Promenade du Portage, Gatineau, Quebec.
The purpose of this letter is to provide information to the parties on a variety of matters relating to the organization and conduct of the oral hearing.
The Commission intends to begin the hearing at 8:30 a.m. on Tuesday, 9 October 2007, and to sit Monday through Friday during the course of the hearing, with a normal sitting day of 8:30 a.m. to 4:30 p.m. However, on Tuesday, 16 October, 2007, the hearing will commence at 8:00 a.m. and conclude at 3:30 pm . The Commission notes that it intends the cross-examination phase of the hearing to conclude no later than Wednesday, 17 October 2007.
The Commission notes that the parties' preliminary estimates for the time required for cross-examination far exceed the seven days scheduled for this hearing. Parties are expected to be efficient and focussed in their cross-examination in order for the hearing to conclude within the time noted above. If absolutely necessary, and despite the best efforts of parties to be efficient and focussed in their cross-examination, the Commission may sit for additional time. In this regard, the Commission has reserved Friday, 26 October, Monday, 29 October, and Tuesday, 30 October 2007 (with a further additional possibility of Saturday 27 October 2007) for resumption of the hearing.
The Commission notes that this hearing will proceed immediately with the testimony offered by the various interested parties.
Order of witnesses to be presented
The following parties have advised the Commission of their intention to make one or more witnesses available for cross-examination. In light of the amount of time estimated for cross-examination by the parties, the Commission is permitting only one panel per party. The Commission has determined that the parties should present their witnesses in the following order:
The Commission has been informed that certain witnesses are not available at all times. In preparing the above order of witnesses to be presented, the Commission has attempted to accommodate all parties' requests regarding the availability of witnesses. The Commission will, to the extent possible, adjust the above schedule as necessary.
Order of cross-examination
Several parties have indicated that they wish to cross-examine one or more witnesses or panels of witnesses. The Commission has decided that parties wishing to cross-examine witnesses will proceed in the order set out in Attachment 1 to this letter. Any party who wishes to conduct cross-examination who is not on this list is to notify the Commission of its intention to do so no later than Tuesday, 2 October 2007.
The Commission notes that, in the case of each witness panel, questions from the Commission and from Commission counsel will follow cross-examination by the parties.
Final oral argument
In a letter dated 21 August 2007, the Commission requested that parties state whether they wish to present oral final argument (in addition to written final argument). Several parties requested to present oral final argument in addition to written final argument.
In light of the sitting schedule noted above, the Commission will hear final oral argument on Friday, 9 November 2007, at the Conference Centre, Phase IV, Outaouais Room, 140 Promenade du Portage, Gatineau, Quebec, with a maximum time allowed of 30 minutes per party. Parties wishing to present final oral argument should proceed in the order of appearance set out above (one presentation per party).
As contemplated in Public Notice 2006-14-3, in addition to, or instead of, presenting final oral argument, parties may file written argument by serving a copy on all parties, by Friday, 9 November 2007.
Parties are reminded that by letter dated 13 September 2007 the Commission varied the process in order to provide for the following:
Opening statements and the use of audio-visual presentations
The Commission will not permit opening oral statements by any party or their witnesses, whether at the commencement or during the course of the oral hearing and will not permit the use by any party or their witnesses of any audio-visual presentation. However, parties are allowed to file a point-form written opening statement of no more than 5 pages in length by Tuesday, 2 October 2007, serving a copy on all interested parties.
Responsibilities of the parties
Parties are reminded that it is their responsibility to monitor the progress and content of the hearing in order, among other things, to ensure that they are aware of any documents that may have been filed in their absence, any changes to the order of presentation of witnesses, and/or any rulings made by the Commission. There will be an audio feed of the oral hearing, available on the Commission's website at www.crtc.gc.ca.
Similarly, parties should keep themselves informed of the progress of the cross-examinations, so that they can be ready with their own cross-examination at the appropriate time. In the case of parties that have filed evidence, parties must ensure that their witnesses are available to be called to testify in accordance with the order established by the Commission. Parties should also be aware of the cross-examination that precedes their own, in order to eliminate duplication of matters dealt with by earlier parties.
Prior to and during the oral hearing, parties should provide the Hearing Secretary with their best estimates of the amount of time they believe they require for cross-examination of each witness or panel of witnesses and also advise the Hearing Secretary as soon as possible of any changes to those time estimates. Parties should also inform the Hearing Secretary as soon as possible if they do not intend, or no longer intend, to cross-examine a witness or panel of witnesses. This will assist the Commission and all parties in the scheduling of witnesses and the cross-examinations and will help avoid situations where a witness or witnesses are brought to the oral hearing when no parties have questions for them.
Record of appearance
In order to assist the Commission, parties are asked to submit a record of appearance, including the name of their Legal Counsel/Representative, and a telephone number and email address where their Counsel/Representative can be contacted immediately preceding and during the public hearing. Parties are requested to provide this information to the Hearing Secretary via e-mail to Marielle Giroux-Girard ( firstname.lastname@example.org ) by Tuesday, 2 October 2007. This will enable the Hearing Secretary to contact parties, if necessary, to obtain information or to inform them of matters relating to the hearing. Copies of the Record of Appearance may be obtained from the Hearing Secretary on Tuesday, 9 October 2007.
Parties are reminded that traditional examination-in-chief is not permitted at public hearings conducted by the Commission. Rather, in accordance with section 21 of the CRTC Telecommunications Rules of Procedure, a party calling a witness should restrict its examination to the following:
The introduction of witnesses by parties should be brief, with little or no reading from witnesses' curricula vitae.
Curricula vitae of witnesses
Curricula vitae of witnesses to be presented by parties are to be filed with the Commission and copied on all parties no later than Tuesday, 2 October 2007.
Procedure for introduction of exhibits
The Commission expects parties to introduce exhibits using the expedited procedure which was adopted in the proceeding leading to Review of regulatory framework, Telecom Decision CRTC 94-19, dated 16 September 1994. For convenience, this procedure is reproduced below:
(a) Responses to undertakings
(b) Documents other than responses to undertakings
Copies of documents filed
All parties are reminded that, with respect to all documents filed at the oral hearing (such as exhibits, proposed exhibits or responses to undertakings), 20 copies must be provided to the Hearing Secretary for the Commission's use.
At the same time, a copy of all such documents must be served on all other parties present at the oral hearing on the date the document is filed.
Reference in cross-examination to pre-filed materials
The Commission notes that the record of the present proceeding is very voluminous. Accordingly, in addition to the foregoing, in order to speed cross-examination and to assist the Commission and counsel to locate pre-filed documents that will be referred to during cross-examination, parties are requested to provide 30 copies of the specifically and directly relevant pages of the pre-filed documents to the Hearing Secretary at the beginning of their cross-examination of the various witness panels. The Hearing Secretary will make copies of these documents available to parties as needed.
Assistance to parties
In order to ensure that the oral hearing may be conducted smoothly and efficiently, Commission counsel (Peter McCallum and Amy Hanley, Tel: (819) 953-2197 or (819) 953-2196, respectively) will be available, both prior to and during the hearing, to assist counsel or other representatives of the parties with regard to procedural matters and the practices and procedures of the Commission.
Original signed by
Robert A. Morin
Distribution List - Interested Parties
ORDER OF CROSS-EXAMINATION OF WITNESSES
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