ARCHIVED - Telecom Commission Letter - 8622-A53-200504953
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LetterOttawa, 16 May 2005 File Number: 8622-A53-200504953 By E-mail
Richard A. Stephen Dear Mr. Stephen: Re: Part VII Application Regarding the Local Winback / "No-Contact" Rules and The Suspension of Consideration of Local Wireline Promotions This is further to Aliant Telecom Inc.'s (Aliant Telecom's) application dated 22 April 2005, filed under Part VII of the CRTC Telecommunications Rules of Procedure , seeking an order for interim relief in the residential local exchange market in Nova Scotia and Prince Edward Island pending determination of Aliant Telecom's Part VII application for forbearance from regulation of residential wireline local services in specified exchanges (Aliant Telecom's forbearance application) filed on 7 April 2004. Specifically, Aliant Telecom requested that the Commission order:
Commission staff notes that, subsequent to Aliant Telecom filing this application, the Commission has made determinations which directly impact this application. The Commission, in Promotions of local wireline services , Telecom Decision CRTC 2005-25, 27 April 2005 , (Decision 2005-25), removed the suspension on promotions of local wireline services. Commission staff notes that Aliant Telecom's Part VII application of 22 April 2005 is based on both market conditions in its operating territory and its submissions that the Commission's "no-contact" rule was inconsistent with the principle of freedom of expression, encompassed in the Canadian Charter of Rights and Freedoms (the Charter). Commission staff notes that the Commission has initiated a public proceeding, by Forbearance from regulation of local exchange services, Telecom Public Notice CRTC 2005-2, 28 April 2005 (Public Notice 2005-2), to consider Aliant Telecom's forbearance application, including its request for the removal of the no contact rules based on the market conditions in its operating territory. Commission staff notes that the issue of the "no-contact" rule and compliance with the Charter was also raised by Bell Canada and Saskatchewan Telecommunications (SaskTel) in an application dated 25 April 2005 , filed under Part VII of the CRTC Telecommunications Rules of Procedure , requesting that the Commission discontinue the application of that rule. Commission staff considers that the specific relief requested by Aliant Telecom with respect to promotions has already been dealt with through Decision 2005-25. With respect to the relief requested by Aliant Telecom with respect to the "no contact" rules, Commission staff notes that the Public Notice 2005-2 proceeding will deal with the issue of whether, based on market conditions, the "no-contact" rule should be lessened or removed. With respect to the concerns raised by Aliant Telecom with respect to the Charter, Commission staff notes that these concerns will be considered in the context of the Part VII application filed by Bell Canada and Saskatchewan Telecommunications on 25 April 2005 . In light of the fact that the issues raised by Aliant Telecom in its Part VII application will be dealt with in other proceedings, Commission staff considers that no further action is required on the Aliant Telecom Part VII application and will close its file.
Sincerely,
Len Katz
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