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ARCHIVED - Decision CRTC 2001-779

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Decision CRTC 2001-779

Ottawa, 21 December 2001

Reference: 8695-C53-01/01

Mr. Stephen Whitehead
c/o Johnston & Buchan LLP
275 Slater Street, Suite 1700
Ottawa, Ontario
K1P 5H9

Dear Sir:

Subject: Appointment of third party national contribution fund administrator and agreement relating to the performance of the functions of the administrator of the national contribution fund

On 17 December 2001, the Canadian Portable Contribution Consortium Inc. (CPCC) filed for approval, pursuant to section 29 of the Telecommunications Act (the Act), an agreement relating to performance of the functions of the National Contribution Fund administrator (the agreement). This agreement, between CPCC and Progestic International Inc. provides for the appointment of Progestic as the Central Fund administrator. The agreement is effective 1 January 2002 to 31 December 2004 or such earlier date as shall be determined by the CPCC, subject to the CRTC approval. This agreement replaces the previous Central Fund Administration agreement which will expire on 31 December 2001.

In addition, the CPCC requested that, in accordance with subsection 46.5(2) of the Act, the Commission designate Progestic as the National Contribution Fund administrator.

The Commission has reviewed the agreement and notes that the agreed terms and conditions provide for the operations of the National Contribution Fund as intended by Decision CRTC 2000-745, Changes to the contribution regime, dated 30 November 2000. The Commission notes that section 4.01(w) of the agreement requires the deposit, on a monthly basis, of the confidential database with an escrow agent, provided that Progestic is specifically directed to do so by the Commission.

The Commission hereby:

1. approves the agreement between the CPCC and Progestic;

2. approves the appointment of Progestic as the administrator of the National Contribution Fund as of 1 January 2002 to 31 December 2004 or such earlier date as shall be determined by the CPCC in accordance with the terms and conditions of the agreement; and

3. directs Progestic to deposit on a monthly basis, the confidential database with Johnston & Buchan LLP, as escrow agent, in accordance with section 4.01(w) of the agreement. The Commission confirms that Progestic will not be in breach of its current confidentiality obligations by making these monthly deposits.

Yours sincerely,

Ursula Menke

Secretary General

Prepared by Mario Bertrand, (819) 997-4576

c.c. CPCC Board Members

Hugh Cowan, Gowlings

Jean LaBelle, Progestic

Date Modified: 2001-12-21

Date modified: