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Letter
Ottawa, 25 February 2004
Via E-MAIL
Our File: 8622-C122-200400656
APPLICANT
Cybersurf Corp.
c/o Christian S. Tacit
NelliganO'BrienPayne
66 Slater, Suite 1900
Ottawa, ON, K1P 5H1
e-mail: christian.tacit@nelligan.ca
RESPONDENT
Mr. Dale Butler
Director of Regulatory Affairs
Shaw Cablesystems G.P.
Suite 900, 630 #rd Avenue SW
Calgary, Alberta, T2P 4L4
e-mail: dale.butler@sjrb.ca
Re: Enforcement of Telecom Decision CRTC 2003-87
Further to Cybersurf's application to the Commission dated 28 January 2004 in the above-noted matter, this letter shall serve to advise Cybersurf Corp. (the Applicant) and Shaw Cablesystems G.P. (the Respondent), that the Commission has decided to adjudicate this matter on an expedited basis, in accordance with the expedited process established in Expedited procedure for resolving competitive issues, Telecom Circular CRTC 2004-2, dated 10 February 2004.
Consequently, this matter will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 26 March 2004.
In view of the shortened time frames of the expedited process, please find attached in Schedule 1 a list of questions addressed to the Respondent and the Applicant. The Respondent and the Applicant shall file with the Commission, and serve on each other, their responses to these questions, no later than 8 March 2004. The responses to the questions must also be forwarded directly to Paul Godin, Director, Competition Implementation and Technology, at paul.godin@crtc.gc.ca.
No later than 8 March 2004, the Applicant and the Respondent shall each file with the Commission, and serve on each other, a document consisting of a concise argument stating all the facts and Commission requirements and regulatory decisions relied upon in supporting their respective positions, as well as, in the case of the Applicant, a concise statement of the relief sought. This document shall be no longer than ten pages in length. The parties shall file, as an attachment, a copy of all written material upon which they rely, except material already filed on this record, Commission determinations, tariffs, tariff filings and any other similar documentation usually before the Commission in the normal course of business. The document must also be forwarded directly to Paul Godin, at paul.godin@crtc.gc.ca.
The hearing will be held on 26 March 2004, in Salon Réal Therrien on the 7th floor of the Central Building, Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec.
At the beginning of the hearing, the Applicant and the Respondent will be accorded the opportunity to briefly address the Panel, ten minutes maximum. The parties will then be questioned by the Commission and each other. The Applicant and the Respondent will be accorded the opportunity to briefly address the panel at the conclusion of the hearing.
The parties are 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.
The parties will be provided with an agenda for the hearing 2 days prior to 26 March 2004 and are required to provide to Ms. Marielle Giroux-Girard, at Marielle.Giroux-Girard@crtc.gc.ca, at least ten days prior to the panel hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise.
Parties may contact Mr. Stephen Millington at (819) 953-0632 or at Stephen.Millington@crtc.gc.ca if they require additional information regarding the organization of and conduct at the hearing.
Verbatim transcripts of the hearing will be kept and posted on the Commission's web site.
Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.
Yours sincerely,
Paul Godin
Director - Competition Implementation and Technology
Schedule 1
Interrogatories to Applicant
1. Cybersurf(CRTC)25Feb04
a. Indicate the cities or cable service areas where Cybersurf has requested TPIA in Shaw's serving territory.
b. Indicate the cities or cable service areas where Cybersurf has requested resale of Shaw's high speed retail internet service in Shaw's serving territory.
c. List all cities or cable service areas where a request has been withdrawn.
2. Cybersurf(CRTC)25Feb04
a. List all steps/items/procedures ("steps") that Cybersurf requires Shaw to complete before Cybersurf can begin serving customers using TPIA from Shaw.
b. List in chronological order, with completion date, those steps that have been completed.
c. Which steps remain to be completed, and what measures have been taken by Cybersurf, and when, to obtain completion by Shaw?
d. List all steps that Cybersurf is required to complete before Cybersurf can begin serving customers using TPIA from Shaw.
e. List in chronological order, with completion date, those steps that have been completed.
f. Which steps remain to be completed, and what measures have been taken by Cybersurf, and when?
3. Cybersurf(CRTC)25Feb04
a. List all steps that Cybersurf requires Shaw to complete before Cybersurf can begin to resell Shaw's high speed retail internet service to serve customers.
b. List in chronological order, with completion date, those steps that have been completed.
c. Which steps remain to be completed, and what measures have been taken by Cybersurf, and when, to obtain completion by Shaw?
d. List all steps that Cybersurf is required to complete before Cybersurf can begin to resell Shaw's high speed retail internet service to serve customers.
e. List in chronological order, with completion date, those steps that have been completed.
f. Which steps remain to be completed, and what measures have been taken by Cybersurf, and when?
4. Cybersurf(CRTC)25Feb04
Describe the expected process and time periods for any migration of customers from resale service to TPIA once TPIA is provided by Shaw in a cable service area.
Interrogatories to Respondent
1. Shaw(CRTC)25Feb04
a. List all steps that Shaw is required to complete before Cybersurf can begin serving customers using TPIA from Shaw.
b. List in chronological order, with completion date, those steps that have been completed.
c. Which steps remain to be completed, and when will Shaw complete them?
d. List all steps that Shaw requires Cybersurf to complete before Cybersurf can begin serving customers using TPIA from Shaw.
e. List in chronological order, with completion date, those steps that have been completed.
f. Which steps remain to be completed, and what measures has Shaw taken, and when, to ensure completion by Cybersurf?
2. Shaw(CRTC)25Feb04
a. List all steps that Shaw is required to complete before Cybersurf can begin to resell Shaw's high speed retail internet service to serve customers.
b. List in chronological order, with completion date, those steps that have been completed.
c. Which steps remain to be completed, and when will Shaw complete them?
d. List all steps that Shaw requires Cybersurf to complete before Cybersurf can begin to resell Shaw's high speed retail internet service to serve customers.
e. List in chronological order, with completion date, those steps that have been completed.
f. Which steps remain to be completed, and what measures has Shaw taken, and when, to ensure completion by Cybersurf?
3. Shaw(CRTC)25Feb04
Describe the expected process and time periods for any migration of customers from resale service to TPIA once TPIA is provided by Shaw in a cable service area.
4. Shaw(CRTC)25Feb04
The Commission stated in Decision 2003-87 that where an incumbent cable carrier is providing high speed internet service during the period prior to it being possible to provide TPIA, undue preference is averted where the cable carrier makes its retail services available for resale under the terms and conditions determined by the Commission in Decision 99-11.
Discuss why the Commission should not order Shaw to commence the sale of Shaw's internet service to Cybersurf, in any Shaw cable system serving area, for the purpose of resale, where Cybersurf wishes to provide high speed retail internet service, until Cybersurf agrees that TPIA is available in that area.
Date modified: 2004-02-25
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