ARCHIVED - Telecom - Commission Letter - 8665-U11-200407090 - Part VII application by the Union des consommateurs, the Public Interest Advocacy Centre and Option Consommateurs seeking CRTC intervention in the matter of dialers and modem hijacking

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Ottawa, 7 January 2005


Our File No.: 8665-U11-200407090 


Mr. Philippe Mercorio
Telecommunications Analyst
L'Union des consommateurs
1000 Amherst Road, Suite 300
Montreal , QC   H2L 3B5

Mr. John Lawford
Public Interest Advocacy Centre
1 Nicholas Street, Suite 1204
Ottawa , ON   K1N 7B7

Ms. Marie-Hélène Beaulieu
Project Coordinator
Option consommateurs
2120 Sherbrooke Street East, Suite 604
Montreal , QC   H2K 1C3


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

Ms. Teresa Griffin-Muir
Vice President, Regulatory Affairs
MTS Allstream Inc.
Box 6666 , 333 Main Street
Winnipeg , MB   R3C 3V6

Ms. Candice Molnar
General Manager, Regulatory Affairs
Saskatchewan Telecommunications
2121 Saskatchewan Drive
Regina , SK   S4P 3Y2

Mr. Willie Grieve
Vice President, Telecom Policy & Regulatory Affairs
TELUS Corporation
Floor 31, 10020 100 Street NW
Edmonton , AB   T5J 0N5

Re:   Part VII application by the Union des consommateurs, the Public Interest Advocacy Centre and Option Consommateurs seeking CRTC intervention in the matter of dialers and modem hijacking

Further to the application by L'Union des consommateurs, the Public Interest Advocacy Centre and Option Consommateurs (jointly, the Applicant) to the Commission dated 7 July 2004 in the above-noted matter, this letter shall serve to advise the Applicant and Aliant Telecom Inc., Bell Canada and Société en commandite Télébec (jointly), MTS Allstream Inc., Saskatchewan Telecommunications, and TELUS Corporation (collectively, the Respondents), 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.

The Commission notes that, in reply comments dated 10 December 2004, the Applicant requested that the Commission consider creating a Commission-led public process, whether by Public Notice or otherwise, to address the issues raised by the Respondents in a global manner and upon a proper evidentiary basis. The Applicant noted that this public process could stay the present Application. However, the Commission is of the view that the expedited process will better allow the Commission to deal with the Application on a timely basis.

Consequently, this matter will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 25 February 2005 .    In regard to TELUS Corporation's letter dated 5 January 2005 , Commission staff notes that the Commission will consider the evidence filed by the Applicant in its reply comments dated 10 December 2004.

No later than 26 January 2005, the Applicant and the Respondents, individually or collectively, shall each file with the Commission at, 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 .

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 Respondents 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 Respondents 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 , 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 , 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


Bell West Inc.
Call-Net Communications Inc.
Cogeco Cable Canada Inc.
EastLink Telephone
ExaTEL Inc.
FCI Broadband
Globility Communications Corporation
ISP Telecom
LondonConnect Inc.
Maskatel Inc.
Microcell Solutions Inc.
Norouestel Inc
Vidéotron Télécom ltée

Date modified: 2005-01-07

Date modified: