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Ottawa, 8 March 1994
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Telecom Public Notice CRTC 94-12
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TELESAT CANADA - FORBEARANCE FOR THE SALE AND LEASE OF EARTH STATION EQUIPMENT
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In Telesat Canada - Forbearance For the Sale of Earth Station Equipment, Telecom Public Notice CRTC 94-6, 26 January 1994 (Public Notice 94-6), the Commission initiated a proceeding to consider whether, pursuant to section 34 of the Telecommunications Act (the Act), it should forbear from the exercise of certain of its powers and the performance of certain of its duties in relation to the sale of earth station equipment by Telesat Canada (Telesat). The Commission has concluded that the scope of the proceeding initiated by Public Notice 94-6 should be expanded to consider whether it should forbear with respect to the lease of earth station equipment, as well as its sale. Accordingly, the Commission extends the filing deadlines established in Public Notice 94-6, and invites comment with respect to:
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(1) whether, pursuant to section 34 of the Act, the Commission should forbear from the exercise of powers or the performance of duties in relation to the sale or lease of earth station equipment by Telesat;
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(2) if so, which of the powers and duties set forth in section 34 of the Act should the Commission refrain from exercising or performing; and
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(3) for each power or duty, whether the Commission should refrain in whole or in part, and conditionally or unconditionally.
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In Telesat Canada - Changes in Earth Station Services Regulation, Telecom Decision CRTC 86-6, 24 March 1986, the Commission approved an application by Telesat that would have permitted the company to charge tolls for its commercial earth station services without filing tariffs, conditional on the implementation of certain safeguards to enable the Commission to satisfy itself that monopoly space services were not cross-subsidizing earth station services. In 1989, the Commission's approach to forbearance was rejected by the Federal Court of Appeal in Telecommunications Worker's Union v. CRTC and CNCP Telecommunications, [1989] 2 F.C. 280.
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Procedure
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1. The mailing addresses to be used in connection with this proceeding are:
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Mr. Allan J. Darling
Secretary General
CRTC
Ottawa, Ontario
K1A 0N2
Fax: 819-953-0795
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Mr. Chris Frank Manager
Regulatory and Governmental Affairs
Telesat Canada
1601 Telesat Court
Gloucester, Ontario
K1B 5P4
Fax: 613-748-8712
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2. The record of the proceeding may be examined at Telesat's business office at the address noted above or at the offices of the CRTC in the following locations:
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room 201
Hull, Quebec
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Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia
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Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
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Standard Life Centre
121 King Street West
Suite 820
Toronto, Ontario
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275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
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800 Burrard Street
Suite 1380
Vancouver, British Columbia
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3. Persons wishing to file comments in this proceeding (interveners) may do so by writing to the Commission, serving a copy on Telesat, by 5 April 1994.
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4. Telesat may file reply comments with the Commission, serving copies on interveners, by 26 April 1994.
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5. 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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Allan J. Darling
Secretary General
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