ARCHIVED - Telecom Circular CRTC 2004-2
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Telecom Circular CRTC 2004-2 |
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| Ottawa, 10 February 2004 | |
Expedited procedure for resolving competitive issues |
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Background |
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1. |
The Commission has, in the past, adopted practices and procedures in an effort to increase the speed with which competitive issues arising under the Telecommunications Act (the Act) are resolved. For example, the Commission issued New procedures regarding competitive issues, Telecom Public Notice CRTC 95-51, 8 December 1995, which established an alternative framework for dispute resolution. In Practices and procedures for resolving competitive and access disputes, Public Notice CRTC 2000-65, 12 May 2000 (Public Notice 2000-65), the Commission set out the objective that Commission determinations with respect to competitive disputes would, wherever possible, be released within 90 days of a formal request for such a determination. |
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The Commission has, unfortunately, found that the processes it adopted have not permitted determinations to be made with respect to competitive disputes arising under the Act within the proposed 90-day period as frequently as desired. |
New practices and procedures |
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In order to provide expedited decisions on certain competitive issues, the Commission will establish a series of Commission panels to conduct brief public hearings to deal with such issues on an accelerated basis. |
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These panels will generally deal with competitive matters involving no more than two parties, where the issues to be resolved involve the interpretation and application of tariffs, orders or requirements set out in Commission decisions to a particular fact situation. |
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The Commission will determine which matters should be referred to a panel. Where the Commission is considering whether or not to refer a matter to a panel, the procedures set out in the CRTC Telecommunications Rules of Procedure will generally be abbreviated and accelerated. Given the importance that the Commission attaches to the timely resolution of competitive disputes, extensions of time for the filing of materials will generally not be granted. |
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Where the Commission determines that a matter before it should be determined by the panel, parties will generally be required to attend at a brief oral hearing. Parties attending at such hearings will be required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn, if appropriate, from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing. |
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The Commission may also request further information from one or more of the parties to be filed before or at the oral hearing. In addition, each party will be required to file with the Commission, and serve on every other party, a document consisting of a concise argument stating the facts and Commission requirements and regulatory decisions relied on by the party, generally at least 10 days before the oral hearing. Parties should also include in this document a concise statement of any relief sought. This document may be no longer than 10 pages in length. |
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During the course of the oral hearing, parties will be permitted to question each other and will also be questioned by the Commission. Verbatim transcripts of the hearing will be kept and posted on the Commission's web site. |
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Hearings will generally be held in Salon Réal Therrien on the 7th floor of the Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec. |
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Either at or within a few days of the oral hearing, the panel will issue brief written decisions with respect to each matter disposed of by the panel. |
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The Commission notes that parties have a number of other options to resolve outstanding issues, including bilateral negotiations, third-party mediation or staff assisted dispute resolution. The Commission encourages parties, prior to applying for formal dispute resolution pursuant to this Circular, to attempt to exhaust these means to resolve outstanding issues in an efficient and effective manner. |
Timing of new practices and procedures |
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The new expedited procedure will be effective as of the date of the issuance of this Circular. |
| Secretary General | |
| This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca |
Date Modified: 2004-02-10
- Date modified: