ARCHIVED - Telecom - Commission Letter - 8661-C25-200409441 - Call-Net Enterprises Inc. - Part VII application for revision of Bell Canada Tariff 7516 Item 105 4(b)(2) Diagnostic Maintenance Charge and the introduction of Co-ordinated Hot Cut and Connecting Link Change tariffs

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Letter

Ottawa, 9 November 2004

BY E-MAIL

Our File No.: 8661-C25-200409442

APPLICANT

Mr. Jean Brazeau
Senior Vice President
Regulatory and Strategic Partnerships
Call-Net Enterprises Inc.
2235 Sheppard Ave. East
North York , ON   M2J 5G1
regulate@sprint-canada.com

RESPONDENT

Mr. Mirko Bibic
Chief, Regulatory Affairs
Bell Canada
105 Hôtel-de-Ville, 6 th floor
Gatineau, QC   J8X 4H7
bell.regulatory@bell.ca

Re:   Call-Net Enterprises Inc. - Part VII application for revision of Bell Canada Tariff 7516 Item 105 4(b)(2) Diagnostic Maintenance Charge and the introduction of Co-ordinated Hot Cut and Connecting Link Change tariffs

Further to Call-Net Enterprises Inc.'s (the Applicant) application to the Commission dated 27 August 2004 in the above-noted matter, this letter shall serve to advise the Applicant and Bell Canada (the Respondent), that the Commission has decided to adjudicate this matter pursuant to Part VII of the CRTC Telecommunications Rules of Procedure 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 13 December 2004.

No later than 23 November 2004, the Applicant and the Respondent shall each file with the Commission at procedure@crtc.gc.ca, 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 10 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. A copy of the submission should also be forwarded to Paul Godin, at paul.godin@crtc.gc.ca .

Where a party designates information filed with the Commission as confidential, it must provide the reasons for its claim for confidentiality at the time it files the information with the Commission. If it chooses to do so, the other party (the requesting party) has two days to make representations to the Commission, clearly stating why it considers that the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality. The party claiming confidentiality will have two days to file a reply, serving a copy on the requesting party.

The hearing will be held on 13 December 2004, in Salon Réal Therrien on the 7 th 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, 10 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 by 10 December 2004 and are required to provide to Ms. Marielle Giroux-Girard, at marielle.giroux-girard@crtc.gc.ca , and serve on each other , at least 10 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 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

Telecommunications

Date modified: 2004-11-09

Date modified: