ARCHIVED -  Telecom Order CRTC 97-1799

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Telecom Order

Ottawa, 3 December 1997
Telecom Order CRTC 97-1799
By letter dated 18 September 1997, Tick Talk Communications Inc. (Tick Talk) requested that the Commission modify Telecom Order CRTC 97-1130, 18 August 1997 (Order 97-1130) such that its contribution exemption would be effective 14 May 1997, the date of service installation, instead of 4 July 1997, the date of its affidavit as stated in Order 97-1130.
File No.: 8626-T16-01/97
1. In support of its request, Tick Talk noted that it was originally under the impression that a contribution exemption granted to its parent company, Patrick Gabriel, CGA, would also apply to Tick Talk. Tick Talk stated that it was not until receiving the first bill from Bell Canada (Bell) that it was apparent that Tick Talk required a separate exemption for its own services. Tick Talk noted that it then expeditiously proceeded to make its contribution exemption application.
2. By letter dated 22 October 1997, Bell noted that the period in question spans less than two months. Bell stated that this delay appears reasonable in light of Tick Talk's apparent confusion over the requirement to seek its own contribution exemption. Accordingly, Bell agreed with Tick Talk's request that the exemption be made effective 14 May 1997, the date of installation of service.
3. In the circumstances of the present case, the Commission notes that Tick Talk will be prejudiced by its decision in Order 97-1130 by being required to pay two months' extra contribution. In other cases for similar applicants, the Commission has accepted pleadings that demonstrated that the applicants were prejudiced by a later-than-requested effective date. The Commission is of the view that Tick Talk has filed sufficient evidence to support a reappraisal of the effective date of the Commission's decision.
4. Based on the above, and noting Bell's agreement with Tick Talk's request, the Commission hereby varies the effective date of Order 97-1130 to 14 May 1997.
Laura M. Talbot-Allan
Secretary General
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