ARCHIVED - Notice of Violation
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Ottawa, 28 March 2013
File No.: PDR 9174-1143
To: Comwave Telenetworks Inc.
61 Wildcat Road
Issue Date of Notice: 28 March 2013
Payment Due: 28 March 2013
Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding Comwave Telecommunications Inc., to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
On and between 1 April 2011 and 18 March 2013, thirty three (33) telemarketing telecommunications were made on behalf of Comwave Telecommunications Inc. resulting in:
- Eleven (11) violations of Part II, section 4 of the Rules for initiating telemarketing telecommunications to consumers who are listed on the National DNCL for more than 31 days.
- Eleven (11) violations of Part II, section 7, of the Rules for initiating telemarketing telecommunications on behalf of a client while that client was not a registered subscriber of the National Do Not Call List (DNCL) and having paid all applicable fees to the National DNCL operator;
- Eleven (11) violations of Part II, section 13 of the Rules for initiating telemarketing telecommunications using a version of the National DNCL obtained from the National DNCL operator more than thirty-one (31) days prior to the date the telemarketing telecommunications were made;
Pursuant to Section 72.02 of the Telecommunications Act, A person is liable for a violation that is committed by an employee, or an agent or mandatary, of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violation identified above is $100,000.
The penalty of $100,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Pursuant to subsection 72.08(1) of the Act, if full payment of the specified amount is received, you will be deemed to have committed the violations and payment will be accepted in complete satisfaction of the penalty and no further action will be taken.
Payment must be actually received, not merely sent, by the date set out above.
Chief Compliance and Enforcement Officer
- Date modified: