ARCHIVED -  Notice of Violation

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Ottawa, 28 March 2013

File No.: PDR 9174-1143

To: Comwave Telenetworks Inc.

61 Wildcat Road
Toronto, ON
M3J 2P5

Issue Date of Notice: 28 March 2013

Penalty: $100,000

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.

Andrea Rosen
Chief Compliance and Enforcement Officer