ARCHIVED - Telecom - Commission Letter

Letter

Ottawa, 12 May 2005

File Number: 8622-T66-200503418

By fax and E-mail

(403) 750 4501
dale.butler@sjrb.ca

(780) 493 6519
regulatory.affairs@telus.com

Dale Butler

Director Regulatory Affairs

Shaw Telecom Inc.

630- 3 rd Avenue S.W.

Suite 900

Calgary , AB   T2P 4L4

Willie Grieve

Vice President

Telecom Policy and Regulatory Affairs

TELUS Communications Inc.

21-10020 100 Street NW

Edmonton, Alberta

T5J 0N5

Dear Messrs. Butler and Grieve:

Re: Application Regarding Shaw Communications Inc.'s Non-Compliance with Local Entry Rules

This letter is further to the application by TELUS Communications Inc. (TELUS) dated 29 March 2005 filed under Part VII of the CRTC Telecommunications Rules of Procedure , requesting that the Commission issue an order directing Shaw Communications Inc. and/or its affiliates (Shaw)   to cease and desist from marketing or offering local telephone services in Calgary or in any other exchanges until such time as it has provided evidence of its compliance with all of the obligations for competitive local exchange carriers (CLECs) set out in Local Competition, Telecom Decision CRTC 97-8, 1 May 1997 (Decision 97-8).

By letter dated 11 April 2005 , the process associated with the above-noted application was suspended pending the issuance of the Commission's decision in the proceeding initiated by Regulatory framework for voice communication services using Internet Protocol , Telecom Public Notice CRTC 2004-2, 7 April 2004 (Public Notice 2004-2).  

The Commission today issued Regulatory Framework for voice communication services using Internet Protocol, Telecom Decision CRTC 2005-28, 12 May 2005 in which it has determined, among other things, that in order to provide local exchange services in Canada, service providers that operate as non-dominant Canadian carriers must fulfill the requirements of a CLEC and conform to the entry procedures set out in Decision 97-8.

In order to complete the record in relation to the application, Shaw is to file with the Commission its response to the above-noted application as well as responses to the interrogatories set out in Attachment 1 by 19 May 2005 , serving a copy thereof on TELUS by that date. TELUS may file a reply to Shaw's response, serving a copy thereof on Shaw, by 26 May 2005 .

Shaw and TELUS must serve copies of their submissions on all interested parties to Public Notice 2004-2 by the filing dates indicated above. All documents must be actually received, and not merely sent, by the dates provided.

Sincerely,

Len Katz

Executive Director

cc: Interested Parties - Telecom Public Notice 2004-2

Attachment 1

1.   Identify the locations where Shaw is currently providing its Digital Phone services.

2. Shaw's website advertises a Digital Phone service, which it describes as " a new residential phone service" that includes, among other things, unlimited local calling, voicemail, call forwarding, call display, enhanced 911 service, 411 service and operator assistance.   Confirm whether the Shaw's Digital Phone service offering to consumers in Calgary , Edmonton and any other location identified above:

(a) uses NANP-conforming numbers;

(b) provides universal access to and/or from the PSTN; and

(c) provides for local calling, i.e. allows the subscriber to make or receive calls that originate and terminate within an exchange or local calling area as defined in the incumbent local exchange carrier's tariffs.

3.   With respect to Shaw's Digital Phone service offering in Calgary , Edmonton (and any other location identified above):

a)  describe the services, features and functionalities that are provided as part of the service offering;

b)  provide a complete definition, description and schematics of the typical service configurations, identifying and describing the underlying facilities and/or services that are used to provide the service;

c)  provide the rates, terms, and conditions of the service offering; and

 d) provide a copy of the information contained on its website relating to the service offering as well as a copy of any customer brochures for the service offering.