Telecom - Procedural Letter addressed to Jean-François Dumoulin (Iristel Inc.) and Stephen Schmidt (TELUS)
Ottawa, 28 October 2022
Our reference: 1011-NOC2020-0269
BY EMAIL
Jean-François Dumoulin
Vice President, Regulatory and Government Affairs
Iristel Inc.
16766 Trans-Canada Hwy., Suite 403
Kirkland, QC H9H 4M7
regulatory@iristel.com
Stephen Schmidt
Vice President, Telecom Policy & Chief Regulatory Legal Counsel
TELUS
215 Slater St., 8th Floor
Ottawa, On K1P 0A6
regulatory.affairs@telus.com
Subject: Iristel Inc. (Iristel) request for a 30-day extension of the period to negotiate and enter into an undertaking in relation to Telecom Notice of Consultation (TNC) 2020-269-2
Dear Jean-François Dumoulin and Stephen Schmidt:
On 10 August 2022, the Commission, via letter, indicated that it had designated classes of persons that are authorized to accept undertakings in relation to TNC 2020-269-2 (the proceeding), and allowed 60 days from that date of the letter (i.e., until 10 October 2022) for Iristel Inc. (Iristel) and TELUS Communications Inc. (TELUS) to negotiate and enter into an undertaking before the Commission publishes any substantive decisions relating to the proceeding.
On 13 October 2022, Iristel filed a procedural request with the Commission, in which it requested that the Commission extend the period to negotiate and enter into an undertaking in relation to the proceeding for an additional 30 days (i.e., until 10 November 2022). Iristel submitted among other things that, since the proceeding is considering the imposition of Administrative Monetary Penalties (AMPs) on Iristel and TELUS for conduct that occurred over four years ago, the substantive record of the proceeding is closed, and no party advocated for an AMP to be levied against Iristel in the proceeding, a 30-day extension will not cause prejudice to any party.
On 17 October 2022, the Commission received an intervention from TELUS, in which it submitted that, as long as one or more parties is continuing to negotiate potential undertakings in good faith, the Commission should continue to refrain from issuing substantive decisions regarding the proceeding. TELUS added that the parties can continue negotiating without an additional procedural ruling from the Commission. TELUS also submitted that, if the Commission is nevertheless of the view that a formal procedural ruling is required, then the company supports an extension of the time to negotiate undertakings. Moreover, TELUS submitted that it agrees with Iristel that an extension would not prejudice any party. However, TELUS requested that any procedural ruling be sufficiently broad as to extend the negotiating period for both Iristel and TELUS.
Given the matters under consideration in TNC 2020-269-2, the potential impact on Iristel, and the lack of harm to other parties, the Commission considers that Iristel’s request to extend the negotiation period in relation to the NOC for the reasons outlined in its 13 October 2022 letter is reasonable and appropriate.
However, in order to provide the parties with sufficient notice of the extension granted, the Commission grants the extension until 28 November 2022 instead of until 10 November 2022.
Accordingly, the Commission will not issue any substantive decisions relating to the proceeding at least until after 28 November 2022.
This means that parties may negotiate an undertaking in relation to the proceeding up until 28 November 2022, and even beyond that date. However, the Commission may issue any substantive decisions after 28 November 2022, which issuance would preclude the possibility of parties to negotiate and enter into an undertaking.
Yours sincerely,
Original signed by
Claude Doucet
Secretary General
c.c. : Michel Murray, CRTC michel.murray@crtc.gc.ca
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