ARCHIVED - Telecom Commission Letter - 8622-Q17-200506173

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Letter

Ottawa, 12 August 2005

File No.: 8622-Q17-200506173

By E-mail

willie.grieve@telus.com

gboyd@gbt.ca

Willie Grieve
Vice President
Telecom Policy & Regulatory Affairs
TELUS Corporation
Floor 21, 10020-100 Street NW
Edmonton , Alberta
Canada T5J 0N5

Mr. Glen Boyd
Director
Q-Tel Corporation
RR#1, Site 23, Box 8
Grande Prairie, Alberta
Canada, T8V 2Z8

Dear Messrs Grieve and Boyd:

Re: Q-Tel Request for Relief - Access Arrangements

On 2 May 2005 , the Commission received a complaint from Q-Tel Corporation (Q-Tel) of Grande Prairie Alberta requesting relief with regard to contractual arrangements with TELUS Communications Inc. (TELUS) related to network access arrangements.

On 27 May 2005 , Commission staff notified Q-Tel and TELUS that Q-Tel's request was to be treated as a Part Vll application under the CRTC Telecommunications Rules of Procedure .

On 27 June 2005 , the Commission received comments from TELUS in answer to Q-Tel's application, and on 21 July 2005 , the Commission received Q-Tel's final reply.

Commission staff notes that, pursuant to section 34 of the Telecommunications Act , the Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.

Based on the record of this proceeding, Commission staff believes that the services provided by TELUS to Q-Tel, which are the subject of this dispute, are forborne services, and, therefore, are not subject to tariff approval.   As a result, any dispute between the parties with respect to these services is a private matter between the parties.   Consequently, Commission staff will not be taking any further action on this matter, and this file is being closed.

Yours sincerely,

'Original signed by S. Bédard '

Suzanne Bédard
Senior Manager, Tariffs

c.c.: Bob Martin CRTC (819) 953-3361

Date Modified: 2005-09-12

Date modified: