Telecom - Commission Letter addressed to Bram Abramson and Lixo Investments Limited
Ottawa, 18 August 2022
Our reference: 8622-R28-202105304
BY EMAIL AND COURIER
Bram Abramson
Box 563, Station P
Toronto, Ontario M5S 2T1
bram@32M.io
Lixo Investments Limited
Suite 33, 70 Yorkville Avenue
Toronto, Ontario M5R 1B9
lixoproperties@gmail.com
Re: Extension to Deadline for Request for Information Regarding Telecom Decision 2022-148
On 8 June 2022, the Commission released Telecom Decision 2022-148, addressing Rogers Communications Canada Inc.’s (RCCI) Part 1 Application for access to 70 Yorkville Avenue in Toronto, Ontario, a multi-dwelling unit that is owned by Lixo Investments Limited (Lixo).
The Commission sent Lixo a Request for Information (RFI) on 10 August 2022 regarding Telecom Decision 2022-148, serving copies of the RFI on RCCI, Distributel and Bell Canada. In order to assist the Commission in its enforcement of the Decision, Lixo was requested to provide a response to the RFI by 18 August 2022.
On 17 August 2022, the Commission received a letter from Bram Abramson, legal counsel for Lixo, requesting a 14 day extension. Bram Abramson explained that they had been retained the previous day by Lixo and that the property manager who had previously corresponded with the CRTC over the course of the Part 1 proceeding is no longer with the company, complicating Lixo’s ability to gather information quickly. In addition, Bram Abramson stated that Lixo sent RCCI a letter on 25 July 2022, expressing openness to considering an agreement with RCCI.
On the same date, the Commission also received a letter from RCCI opposing the extension and stating that although Lixo’s letter indicated that it was sent to RCCI on 25 July 2022, it was not received until this week and that Lixo appears to be employing stalling tactics.
Given the above, Commission staff is of the view that the extension is necessary to allow time for Lixo’s new legal counsel to adequately respond to the RFI. The deadline for Lixo to file a response to the RFI is extended until 1 September 2022. Lixo’s response to the RFI is to be served on all parties to this application, including interveners, by the specified deadline. Footnote1
Lixo is reminded that nil responses and failing to provide complete responses to each question in the RFI will place Lixo in contravention of the Act, and the Commission may consider enforcement action, including the imposition of administrative monetary penalties. Footnote2
In addition, pursuant to section 72.16 of the Act, Lixo is reminded that it is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority.
Sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Lixo Investments Limited, 70 Yorkville Avenue, Suite 33, Toronto, Ontario M5R 1B9
Peter Kovacs, RCCI, Peter.Kovacs@rci.rogers.com
Zack Ozani, RCCI, Zack.Ozani@rci.rogers.com
Pam Dinsmore, RCCI, Pam.Dinsmore@rci.rogers.com
Philippe Gauvin, Bell Canada, Bell.Regulatory@bell.ca
Christopher Hickey,Distributel Communications LimitedChristopher.Hickey@distributel.ca
Michel Murray, CRTC, Michel.Murray@CRTC.gc.ca
Jane ven der Buhs, CRTC, Jane.venderBuhs@CRTC.gc.ca
Philippe Nadeau, CRTC, Philippe.Nadeau@CRTC.gc.ca
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