ARCHIVED - Telecom - Commission Letter - 8624-A53-200415530 - Complaint by Aliant Telecom Inc. against Bragg Communications Incorporated regarding Bragg Communication's refusal to accept Aliant Telecom advertising in Nova Scotia and Prince Edward Island
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LetterOttawa, 7 February 2005 BY E-MAIL Our File No.: 8624-A53-200415530 APPLICANT
Mr. Richard Stephen RESPONDENT
Ms. Natalie MacDonald Re: Complaint by Aliant Telecom Inc. against Bragg Communications Incorporated regarding Bragg Communication's refusal to accept Aliant Telecom advertising in Nova Scotia and Prince Edward Island Further to the complaint by Aliant Telecom Inc. (the Applicant) to the Commission dated 8 December 2004 in the above-noted matter, this letter shall serve to advise the Applicant and Bragg Communications Incorporated and its broadcasting subsidiaries (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 21 March 2005. The Commission notes that in the course of the hearing, it will determine whether to adjudicate this matter pursuant to section 9 of the Broadcasting Distribution Regulations or Part VII of the CRTC Telecommunications Rules of Procedures. No later than 23 February 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 21 March 2005, 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, 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 17 March 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 Date modified: 2005-02-07 |
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