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Ottawa, 4 August 2009
File No.: 8663-C12-200907321
Subject: Telecom Notice of Consultation CRTC 2009-261, Proceeding to consider the appropriateness of mandating certain wholesale high-speed access services - Revised process
Dear Madams, Sirs:
This letter addresses procedural requests by Shaw Communications Inc. (Shaw), dated 22 July 2009 and by TekSavvy Solutions Inc. (TekSavvy), dated 24 July 2009.
Shaw requested an extension of the filing date for responses to the interrogatories issued for Telecom Notice of Consultation CRTC 2009-261 (NC 2009-261) to 11 September 2009. Rogers Communications Inc. (Rogers), Bragg Communications Inc., Cogeco Cable Inc. (Cogeco), Quebecor Media Inc. on behalf of its affiliate Vidéotron Ltd. (QMI), the Canadian Association of Internet Providers (CAIP), Execulink Telecom (Execulink), RipNET Limited (RipNET), Open Source Solutions, MTS Allstream Inc. (MTS Allstream), as well as, collectively, Bell Aliant Regional Communications, Limited Partnership, Bell Canada, Saskatchewan Telecommunications, Télébec, Société en commandite and TELUS Communications Company (collectively the ILECs) supported Shaw's extension request.
TekSavvy requested that the Commission modify the process for NC 2009-261 by (1) adding a second round of submissions; (2) adding a second round of interrogatories; and (3) providing for cross-examination by parties and the Commission under oath at the oral hearing. The Public Interest Advocacy Centre, CAIP, Execulink, RipNET, Accelerated Connections Inc., Managed Networks Services Inc., Telnet Communications, EGATE Networks, and the Quebec Coalition of Internet Service
Providers supported Teksavvy's requests for modifications of the process. MTS Allstream supported Teksavvy's request that cross-examination be allowed at the oral hearing. Rogers, Shaw, QMI, and Cogeco opposed Teksavvy's procedural requests.
The Commission considers that, in the circumstances, an extension to all affected parties for filing responses to interrogatories is appropriate. The Commission further considers that the process should be modified to allow for a second round of submissions and interrogatories by parties. The revised schedule is annexed below.
The Commission will dispose of Teksavvy's request that cross-examination be allowed at the oral hearing at a time closer to the date of the oral hearing.
Original signed by John Keogh
Robert A. Morin
Distribution L ist
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Modifications to Telecom Notice of Consultation CRTC 2009-261
The Commission modifies the filing dates set out in paragraphs 23 to 26 of Telecom Notice of Consultation CRTC 2009-261 and amends the procedure to include a second round of submissions and interrogatories as set out in paragraphs 27 to 29 of the revised Notice of Consultation CRTC 2009-261-1. Parties are advised to consult Notice of Consultation CRTC 2009-261-1 for the current procedure as revised by the present determination. The paragraphs with the procedural changes are reproduced below:
23. Responses to interrogatories addressed pursuant to paragraph 22 are to be filed with the Commission and served on all parties by 31 August 2009.
24. Requests by parties for further responses to their interrogatories, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out in each case the reasons for disclosure, must be filed with the Commission and served on the relevant party or parties by 4 September 2009.
25. Written responses to requests for further responses to interrogatories and for public disclosure must be filed with the Commission and served on the party or parties making the request by 11 September 2009.
26. Determinations will be issued with respect to requests for further information and public disclosure as soon as possible. Any information to be provided pursuant to that determination must be filed with the Commission and served on all interested parties by 25 September 2009.
27. Parties may file submissions with the Commission, serving a copy on all parties, by 2 October 2009.
28. Parties may address additional interrogatories to any party who filed submissions pursuant to paragraph 27. Any such interrogatories must be filed with the Commission and served on the relevant party or parties by 9 October 2009.
29. Responses to interrogatories addressed pursuant to paragraph 28 are to be filed with the Commission and served on all parties by 26 October 2009. The information to be provided on the public record in response to these interrogatories should be consistent with the level of disclosure found to be appropriate in the determinations contemplated by paragraph 26.
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