Letter

Ottawa, 4 June 2008

File No.:  8622-C12-200807787 

By E-mail

Mr. Jean Brazeau
Vice President, Regulatory Affairs
Shaw Telecom Inc.
630 - 3rd Avanue SW, Suite 900
Calgary AB
T2P 4L4
regulatory@sjrb.ca 

and 

Mr. David A. Wilkie
Regulatory Analyst
TBayTel
1046 Lithium Drive
Thunder Bay ON
P7B 6G3
david.wilkie@tbaytel.com 

Dear Mr. Brazeau and Mr. Wilkie:

Re:  TBayTel-Shaw Partial System Agreement

In Withdrawal of Partial Cable-Distribution System offering, Telecom Order CRTC 2008‑74, 13 March 2008, the Commission directed TBayTel and Shaw Communications Inc. (Shaw) to file a signed Partial System Agreement (PSA) for the Commission's approval no later than 30 days from the date of that Order.

On 14 April 2008, the Commission received a letter from Shaw requesting that the Commission extend for an additional 30 days the period in which the PSA is to be filed with the Commission.  Commission staff notes that it was informed by TBayTel that it agreed with Shaw's request for an extension.  Shaw's request for an extension was approved by Commission staff letter dated 8 May 2008 – TBayTel and Shaw had until 15 May 2008 to file a signed PSA for Commission approval.

On 15 May 2008, the Commission received from Shaw a non-signed PSA.  In its letter, Shaw noted that it had provided TBayTel with a copy of that PSA on 12 May 2008 for the latter’s consideration. 

Commission staff notes that the execution of a PSA between TBayTel and Shaw has been outstanding since 2002.  In Telecom Decision 2002-44, the Commission approved TBayTel's existing Partial System Offering tariff in the absence of an agreed PSA, but did so with the expectation that a PSA similar to Bell Canada's would be concluded between the parties.  Commission staff further notes that in Telecom Decision 2007-107, the Commission, recognizing that the parties had not yet executed a PSA, directed TBayTel and Shaw to enter into a PSA similar to that of Bell Canada and to file it with the Commission within 30 days from the date of that decision.  Notwithstanding the fact that a number of extensions were subsequently granted to the parties with respect to meeting this obligation, the parties have not complied with the latest deadline for filing an executed PSA, nor did they provide any indication that they intend to execute a PSA in the near future.

The following process is being established to allow the Commission to establish, in a timely manner, the terms and conditions of a PSA between TBayTel and Shaw:

• The non-signed PSA filed by Shaw on 15 May 2008 is made part of the record of this process and is considered as Shaw's proposed PSA
  
  
• TBayTel is, by 25 June 2008, to file with the Commission, and serve on Shaw, its proposed PSA;
  
  
• TBayTel and Shaw are to file and serve, by 2 July 2008, comments on the other party’s proposed PSA, which comments should clearly indicate which provisions of the other party's proposal are not agreed with and the reasons why;
  

• In the event that TBayTel chooses not to submit a PSA proposal but nonetheless provides comments, in accordance with the above process, on Shaw's PSA proposal, Shaw is to file and serve final comments, by 7 July 2008, which comments will be restricted to matters raised by TBayTel in its comments.

Where a document is to be filed or served by a specific date, the document is to be actually received, and not merely sent, by that date.

Yours sincerely,

Original signed by

Paul Godin
Director General,
Competition, Costing and Tariffs
Telecommunications 

cc:  Martin Brazeau, CRTC (819) 997-3498

Date Modified: 2008-06-04