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Telecom Public Notice
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Ottawa, 9 April 1990
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Telecom Public Notice CRTC 1990-34
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ONTARIO HOME BUILDERS ASSOCIATION AND NORQUAY HOMES LIMITED v BELL CANADA - TRENCHING COSTS
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The Commission has received an application from the Ontario Home Builders Association (OHBA) and Norquay Homes Limited (Norquay), dated 6 November 1989, filed pursuant to section 49 of the National Telecommunications Powers and Procedures Act. In their application, OHBA and Norquay state that, in 1988, Bell Canada (Bell) instituted a new policy whereby it charges Ontario developers for certain trenching costs required for the installation of cables in new subdivisions. OHBA/Norquay request, among other things, that the Commission issue interim and final orders prohibiting Bell from charging or recovering any further trenching costs. OHBA/Norquay also request an order for an accounting of all trenching costs charged to Ontario developers, and for reimbursement thereof, with interest.
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Bell filed an answer to the application on 12 December 1989. OHBA/Norquay replied on 18 December 1989.
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The Commission has denied the application for interim relief.
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The Commission hereby invites comment on the issues raised by the application for final relief. In particular, comments are requested with respect to:
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(1) whether trenching charges levied by Bell are tolls within the meaning of section 2 of the Railway Act or are otherwise subject to the jurisdiction or regulatory approval of the Commission;
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(2) the applicability of Bell's General Tariff Item 150 dealing with construction charges;
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(3) whether the incremental cost caused by the use of buried facilities should be considered "unusual" in the context of Article 3.1(a) of Bell's Terms of Service;
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(4) who should bear the incremental cost of employing buried facilities when municipalities or other bodies stipulate that services shall be provided using such facilities, and why;
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(5) the availability and appropriateness of the relief sought.
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Procedure
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1. Related documents may be examined at the offices of the CRTC, Room 201, Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Hull, Quebec. A copy of this material may be obtained by writing to OHBA/Norquay at the address shown below.
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2. Interested persons wishing to participate in this proceeding (interveners) must notify the Commission of their intention to do so by 30 April 1990. A copy of that notice should be served on OHBA/Norquay and on Bell. The Commission will issue a list of parties and their mailing addresses.
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3. By letter dated 9 April 1990, the Commission addressed questions to OHBA/Norquay and to Bell. They are to file responses to these questions with the Commission, serving a copy on interveners and on each other, by 9 May 1990.
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4. Interveners may file comments with the Commission, serving copies on OHBA/Norquay and on Bell, by 30 May 1990.
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5. Bell may file final argument with the Commission, serving copies on the interveners and on OHBA/Norquay, by 14 June 1990.
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6. OHBA/Norquay may file reply argument with the Commission, serving copies on the interveners and on Bell, by 28 June 1990.
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7. Where a document is to be filed or served by a specific date, the document must be actually received, not merely mailed, by that date.
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8. The mailing addresses to be used in connection with this proceeding are:
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Rosemary Chisholm
Acting Secretary General
CRTC
Ottawa, Ontario
K1A 0N2
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Ontario Homebuilders
Association and Norquay Homes Limited
c/o Mr. Guy Pratte
Scott & Aylen
Barristers & Solicitors
60 Queen Street
Ottawa, Ontario
KlP 5X7
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and
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Mr. Peter J. Knowlton
Assistant General Counsel
Bell Canada
25 Eddy Street
4th Floor
Hull, Quebec
J8X 4B5
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Rosemary Chisholm
Acting Secretary General
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