ARCHIVED - Telecom - Commission Letter - 8622-X4-200409906 - Part VII application by Xit Télécom Inc. v. TELUS Communications Inc. regarding the construction of a fibre optic network for the Commission scolaire de la Côte-du-Sud

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Letter

Ottawa, 7 January 2005

BY E-MAIL

Our File No.: 8622-X4-200409906  

APPLICANT  

Mr. Robert Proulx
President
Xit Télécom Inc.
1350 Place Royale, Suite 800
Trois-Rivières, QC   G0X 1Z0
reglementation@xittelecom.ca

RESPONDENT

Ms. Francine Julien
Director of Sector, Regulation
TELUS Communications Inc.
6 Jules-A.-Brillant Road
Rimouski , QC   G5L 7E4
francine.julien@telus.com
regulatory.affairs@telus.com

Re:   Part VII application by Xit Télécom Inc. v. TELUS Communications Inc. regarding the construction of a fibre optic network for the Commission scolaire de la Côte-du-Sud

Further to the application by Xit Télécom Inc., on behalf of itself and Télécommunications Xittel inc. (the Applicant) to the Commission dated 10 September 2004 in the above-noted matter, this letter shall serve to advise the Applicant and TELUS Communications Inc. (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, as summarized in paragraphs 34 and 35 of the Applicant's 18 October 2004 reply, will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 25 February 2005 . The Commission will consider the written submission dated  10 December 2004 from the ministère de l'Éducation du Québec which Commission staff has determined forms part of the record of this proceeding.

No later than 26 January 2005, 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 25 February 2005, 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 22 February 2005 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

cc:    Mr. Roger Vézina, Ministère de l'Éducation du Québec

         roger.vezina@meq.gouv.gc.ca

Date modified: 2005-01-07

Date modified: