ARCHIVED -  Telecom Public Notice CRTC 98-18

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Telecom Public Notice CRTC 98-18

  Ottawa, 30 July 1998
 

SERVICE TO HIGH-COST SERVING AREAS - AMENDMENT TO THE PROCEDURES IN PN 97-42

  File No.: 8665-C12-04/97
  1. On 18 December 1997, the Commission issued Service to High-Cost Serving Areas, Telecom Public Notice CRTC 97-42 (PN 97-42), which sets out procedures for the Commission's examination of service to high-cost serving areas.
  2. On 25 June 1998 and 26 June 1998, Québec-Téléphone and Télébec ltée (Télébec), respectively, filed letters with the Commission, copying all interested parties, requesting that the Commission modify the procedure set out in PN 97-42 to change the date for responses to interrogatories set out in paragraph 13 of PN 97-42 from 20 July 1998 to 1 September 1998.
  3. By letter dated 9 July 1998, the Commission announced a change in the date for responses to interrogatories set out in paragraph 13 of PN 97-42 from 20 July 1998 to 1 September 1998 and indicated that it would issue an amendment to PN 97-42 amending this and other dates which are impacted by this change.
  4. On 8 May 1998, the Public Interest Advocacy Centre on behalf of ACA/CAC/FNACQ/RDC ("ACA et al.") filed a letter with the Commission requesting that the Commission modify the procedure set out in PN 97-42, in order to accommodate new or revised proposals prior to the second round of interrogatories and to permit the Commission to question parties orally on their submissions after the final round of interrogatories and before final argument.
  5. In its letter, ACA et al. stated that under the existing schedule, parties have only one opportunity to put proposals on the table and there is no other opportunity prior to argument for parties to place on the record any significant revisions to their initial proposals or any new ideas for high cost area funding that may arise during the course of the proceeding. ACA et al. submitted that it would be useful to have an opportunity in September 1998 to file supplementary submissions between the two rounds of interrogatories.
  6. In addition, ACA et al. stated that the Commission would benefit from an opportunity to hear from and question in person those parties who have filed detailed submissions. ACA et al. proposed that such oral presentations to the Commission take place in December 1998 or in early January 1999. ACA et al. proposed that full cross-examination by all parties would be beneficial and at a minimum, Commission staff should have the opportunity to question parties orally on their positions.
  7. The following parties expressed support for ACA et al.'s submissions: Consumers' Association of Canada (BC), Manitoba Keewatinowi Okimakanak Inc. and Consumers' Association of Canada (Manitoba)/Manitoba Society of Seniors Inc., Wawatay Native Communications Society, Chisasibi Telecommunications Association and the Cree Nation of Chisasibi, Tatlayoko Think Tank, AT&T Canada Long Distance Services Company, Utilities Consumers' Group, and Canadian Cable Television Association.
  8. The Ontario Telephone Association, while supporting the proposal, stated that with respect to the proposed process of oral presentations, such a process should be for time limited presentations followed by Commission questions only.
  9. The following parties expressed opposition to ACA et al.'s request: Government of Northwest Territories, the Yukon Government, Northwestel Inc., and TELUS Communications Inc.
  10. Stentor Resource Centre Inc. questioned the value of the additional procedures proposed by ACA et al., noting that the modifications would add considerable process, time and expense to what is already a fairly detailed and extensive process.
  11. Regarding the request for supplementary submissions, the Commission notes the extensive nature of the procedure established in PN 97-42 to develop a comprehensive record, which includes two rounds of interrogatories by all parties. The Commission also notes the large volume of interrogatories already addressed in the first round in this proceeding.
  12. In the Commission's view, the process established in PN 97-42 provides full opportunity for parties to participate in this proceeding and to develop a comprehensive record. Furthermore, the Commission considers that such an amendment to the process would result in additional delays in this already lengthy process. Therefore, the Commission finds that it is neither necessary nor appropriate to amend the process to accommodate supplementary submissions. Accordingly, the Commission denies ACA et al.'s request for an opportunity in September 1998 to file supplementary submissions between the two rounds of interrogatories.
  13. With regard to ACA et al.'s request for oral representations, the Commission notes that such an amendment to the process would add an extra step to and lengthen the process. In the Commission's view, oral presentations as proposed by ACA et al. would in effect constitute further submissions. As discussed above, the Commission does not consider that this additional round of submissions is necessary or appropriate. In addition, this would result in a delay in the filing of final argument and reply. The Commission considers that it would benefit from an opportunity to hear parties present final argument and from the ability to ask questions of clarification, if necessary. Therefore, the Commission is of the view that oral final argument would provide parties with the opportunity to appear but would not involve any further delays in the process.
  14. Accordingly, the Commission hereby amends the procedure in PN 97-42 to provide for oral final argument by registered parties of no longer than 20 minutes duration, to be followed, if necessary, by Commission questions of clarification. Oral argument will be heard by the Commission in the Outaouais Room, Place du Portage, Phase IV, 140 Promenade du Portage, Hull, Quebec, the week of 25 January 1999, starting at 9:00 a.m. on 25 January 1999.
  15. Persons wishing to present oral argument are to notify the Commission by 18 January 1999.
  16. As a result of the Commission's decisions to have oral argument and to extend the date for responses to interrogatories, PN 97-42 is amended as detailed below:
  17. Paragraph 13 of PN 97-42 is replaced with the following:
  Responses to interrogatories addressed pursuant to paragraph 12 are to be filed with the Commission with a copy served on all parties by 28 August 1998.
  18. Paragraph 14 of PN 97-42 is replaced with the following:
  Requests by parties for further responses to their interrogatories addressed pursuant to paragraph 13, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out the reasons for disclosure, must be filed with the Commission with a copy served on the relevant party or parties by 11 September 1998.
  19. Paragraph 15 of PN 97-42 is replaced with the following:
  Responses to requests for further responses to interrogatories and for public disclosures must be filed with the Commission with a copy served on the party making the request by 18 September 1998.
  20. Paragraph 16 of PN 97-42 is replaced with the following:
  The Commission will issue a determination with respect to requests for disclosure and for further responses as soon as possible, and intends to direct that any information to be provided pursuant to that determination be filed with the Commission with a copy served on all parties to the proceeding by 7 October 1998.
  21. Paragraph 17 of PN 97-42 is replaced with the following:
  Parties may address a second series of interrogatories to parties who filed submissions pursuant to paragraph 11. Any such interrogatories must be filed with the Commission with a copy served on the relevant party or parties by 16 October 1998.
  22. Paragraph 18 of PN 97-42 is replaced with the following:
  Responses to interrogatories addressed pursuant to paragraph 17 are to be filed with the Commission with a copy served on all parties by 13 November 1998.
  23. Paragraph 19 of PN 97-42 is replaced with the following:
  Requests by parties for further responses to their interrogatories addressed pursuant to paragraph 17, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out the reasons for disclosure, must be filed with the Commission with a copy served on the party or parties in question by 23 November 1998.
  24. Paragraph 20 of PN 97-42 is replaced with the following:
  Responses to requests for further responses to interrogatories and for public disclosure must be filed with the Commission with a copy served on the party making the request by 30 November 1998.
  25. Paragraph 21 of PN 97-42 is replaced with the following:
  The Commission will issue a determination with respect to requests for disclosure and for further responses as soon as possible, and intends to direct that any information to be provided pursuant to that determination be filed with the Commission with a copy served on all parties to the proceeding by 18 December 1998.
  26. The Commission will conduct a hearing to hear oral argument by registered parties of no longer than 20 minutes duration, to be followed, if necessary, by Commission questions of clarification. Oral argument will be heard in the Outaouais Room, Place du Portage, Phase IV, 140 Promenade du Portage, Hull, Quebec, the week of 25 January 1999, starting at 9:00 a.m. on 25 January 1999. Persons wishing to present oral argument are to notify the Commission by 18 January 1999.
  27. Paragraph 22 of PN 97-42 is replaced with the following:
  In addition to, or instead of, presenting oral final argument, parties may file written final argument with the Commission with a copy served on all other parties by 29 January 1999.
  28. The Commission notes that the date for reply arguments of 15 February 1999 in Paragraph 22 of PN 97-42 remains unchanged. The Commission is of the view that it is very important that this date remain unchanged and that it is not inclined to make a change to this or any other procedural dates which may result in extending the completion date of this proceeding.
  This document is available in alternative format upon request.
  Laura M. Talbot-Allan
Secretary General
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