ARCHIVED - Telecom Commission Letter - 8622-A53-200504953

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Letter

Delivered by e-mail

File #: 8622-A53-200504953

Ottawa, 30 May 2005 

Mr. Daniel M. Campbell, Q.C.
Cox Hanson O'Reilly Matheson
1100 Purdy's Wharf Tower One
1959 Upper Water Street
Halifax , Nova Scotia
Counsel for Aliant Telecom Inc.  

Dear Mr. Campbell;  

Re: Part VII Application filed by Aliant Telecom Inc. for interim relief from the local winback rules and the suspension of consideration of local promotions; File No. 8622-A53-200504953 

In your letter of 25 May 2005 , you requested on behalf of your client, Aliant Telecom Inc. (Aliant), a Commission determination on its request for interim relief from the local winback rules and the rules on local promotions. 

In light of that request, Commission staff considers it appropriate to reopen the file on this application and to complete the record of the proceeding. Once the record is complete, the Commission will render a decision on Aliant's request. 

Parties wishing to file an answer to Aliant's Part VII application must do so on or before 29 June 2005 , serving a copy on Aliant. Aliant will then be entitled to file reply comments on or before 11 July 2005 , serving a copy on those who filed and served answers. 

Parties are reminded that before granting a party interim relief under section 61(2) of the Telecommunications Act (the Act), the Commission has required the party requesting the relief to demonstrate that it meets the criteria for interim relief set out by the Supreme Court of Canada in Manitoba (Attorney General) v. Metropolitan Stores (MTS) Ltd. [1987] 1 S.C.R. 110, as modified by the Court's decision in RJR-MacDonald Inc. v. Canada (Attorney General) [1994] 1 S.C.R. 311. These criteria are that:
(a) there is a serious issue to be determined;
(b) the party seeking relief will suffer irreparable harm if the interim relief is not granted; and
(c) the balance of convenience, taking into account the public interest, favours retaining the status quo until the Commission has disposed of the issues.  

Parties are further reminded that w here a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Sincerely, 

Len Katz
Executive Director, Telecommunications 

cc. ILECs, CLECs, WSPs, CCTA

Date Modified: 2005-05-30
Date modified: