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Letter
Ottawa, 25 February 2004
BY E-MAIL
Our File: 8622-S9-200312710
APPLICANT
Mr. Ken Stein
Senior Vice-President
Corporate and Regulatory Affairs
Shaw Cablesystems G.P.
Suite 600 3rd Avenue SW
Calgary, Alberta
T2P 4L4
e-mail: ken.stein@sjrb.ca
RESPONDENT
Mr. Willie Grieve
Vice-President Government and regulatory Affairs
TELUS Communications Inc. ("TELUS")
10020 100 Street
31st Floor
Edmonton, Alberta
T5J 0N5
e-mail: willie.grieve@telus.com
Re: Part VII Application by Shaw against TELUS - Concerning Internet Promotions and Bundles
Further to Shaw's application to the Commission dated 23 September 2003 in the above-noted matter, this letter shall serve to advise Shaw Cablesystems G.P. (the Applicant) and TELUS Communications Inc. (the Respondent), that the Commission has decided to adjudicate the bundling issues set out in paragraphs (iv), (v) and (vi) of the Application 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.
The remaining issues raised in the Application in paragraphs (i), (ii) and (iii) have been deemed to be beyond the scope of the expedited process and will, therefore, be adjudicated by the Commission through its normal process.
Consequently, this matter will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 26 March 2004. The Commission will consider the written submissions from Call-Net Enterprises Inc., Campbell River TV Association, the Canadian Cable Television Association and The Independent Members of the Canadian Association of Internet Providers, which form part of the record of this proceeding.
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
Cc: Call-Net Enterprises Inc. www.regulate@sprint-canada.ca
Campbell River TV Association www.crtv.net
Canadian Cable Television Association www.regulatory@ccta.com
The Independent Members of the Canadian Association of Internet Providers www.caip.ca
Date modified: 2004-02-25
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