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Telecom Public Notice CRTC 98-18
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Ottawa, 30 July 1998 |
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SERVICE TO HIGH-COST SERVING AREAS - AMENDMENT TO THE PROCEDURES IN PN
97-42
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File No.: 8665-C12-04/97 |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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15. Persons wishing to present oral argument
are to notify the Commission by 18 January 1999. |
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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: |
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17. Paragraph 13 of PN
97-42 is replaced with the following:
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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. |
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18. Paragraph 14 of PN
97-42 is replaced with the following:
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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. |
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19. Paragraph 15 of PN
97-42 is replaced with the following:
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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. |
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20. Paragraph 16 of PN
97-42 is replaced with the following:
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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. |
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21. Paragraph 17 of PN
97-42 is replaced with the following:
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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. |
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22. Paragraph 18 of PN
97-42 is replaced with the following:
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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. |
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23. Paragraph 19 of PN
97-42 is replaced with the following:
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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. |
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24. Paragraph 20 of PN
97-42 is replaced with the following:
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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. |
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25. Paragraph 21 of PN
97-42 is replaced with the following:
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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. |
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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.
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27. Paragraph 22 of PN
97-42 is replaced with the following:
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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. |
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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. |
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This document is available in alternative
format upon request. |
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Laura M. Talbot-Allan
Secretary General |