ARCHIVED - Telecom Commission Letter - 8622-B2-200602369 - 8622-T66-200602640

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Letter

Ottawa, 15 March 2006

File #:  8622-B2-200602369
            8622-T66-200602640

By E-mail

Mr. Willie Grieve
Vice President, Telecom Policy & Regulatory Affairs
TELUS Communications Company
21-10020-100 Street NW
Edmonton , Alberta
Canada T5J 0N5
willie.grieve@telus.com

- and -

Mr. Mirko Bibic
Chief, Regulatory Affairs
Bell Canada
110 O'Connor Street , 14 th Floor
Ottawa , Ontario
K1P 1H1
bell.regulatory@bell.ca

- and -

Ms. Teresa Griffin-Muir
Vice President, Regulatory Affairs
45 O'Connor Street
Suite 1400
World Exchange Plaza
Ottawa , Ontario
K1P 1A4
iworkstation@allstream.com  

Dear Ms. Griffin-Muir and Messrs Grieve and Bibic:

RE:   TCC's letter's on MTS/Allstream Inc. - Tariffing requirements and Bell Canada's Part VII - MTS Allstream Inc.'s Lack of Compliance with Sections 24 & 25 of the Telecommunications Act

On 24 February 2006 , the Commission received a letter from TELUS Communications Company (TCC) requesting that Commission staff investigate the mandatory service requirements in a recent Request for Proposal (RFP) issued by Public Works and Government Services Canada (PWGSC) and awarded to MTS Allstream Inc.'s (MTS Allstream), with a view to determining whether tariffs are or are not required.   TCC also requested that, if the Commission determines that tariffs are required, the Commission order MTS Allstream to notify PWGSC of its obligation to tariff, and be directed not to perform its contract obligation with PWGSC until supporting cost justification is approved.

On 7 March 2006, the Commission received a Part VII application from Bell Canada seeking a determination from the Commission pursuant to section 48(1) or alternatively, under section 58 of the Telecommunications Act (the Act) regarding MTS Allstream's apparent lack of compliance with sections 24 and 25 of the Act.   Bell Canada also requested that, if the Commission determines that a tariff is required, the Commission issue an order under section 51 of the Act prohibiting MTS Allstream from providing the services in the RFP issued by PWGSC, until it has received approval of an applicable tariff from the Commission.   Bell Canada further requested that the Commission abridge the normal timeframes set out in the CRTC Telecommunications Rules of Procedure to allow for comments within 7 and 3 calendar days, respectively.

By letter dated 9 March 2006 , PWGSC submitted comments with respect to TCC's letter of 24 February 2006 .

Given that Bell Canada's application and TCC's request deal with the same subject matter, TCC's request will be treated as an application and both applications will be considered in the same proceeding pursuant to Part VII of the CRTC Telecommunications Rules of Procedure

With respect to Bell Canada 's request to abridge the timeframes, it is noted that TCC's and Bell Canada 's applications raise complex issues upon which interested parties should have adequate time to comment.   If PWGSC has any additional comments, it should do so by 22 March 2006 serving copies on MTS Allstream, Bell Canada and TCC.   MTS Allstream is requested to provide comments by 27 March 2006 serving copies on Bell Canada , TCC and PWGSC.   TCC and Bell Canada may file reply comments by 3 April 2006 serving copies on MTS Allstream, PWGSC and each other.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent by that date.

Yours sincerely,

'Original signed by P. Godin'

Paul Godin
A/Director General
Competition, Costing & Tariffs  

cc:    Feridon Dadashzadeh (PWGSC)
         Ron Carrara, CRTC (819) 997-1334

Date Modified: 2006-03-15
Date modified: