ARCHIVED - Telecom Commission Letter - 8662-B55-200607046

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Ottawa, 22 June 2006

File Numbers: 8638-C12-200615586

Delivered by e-mail

To: Interested parties to Public Notice 2004-1

Re: Application by Barrett Xplore Inc. (BXI) to Review and Part of Vary Telecom        Decision CRTC 2006-9 - Disposition of funds in the deferral accounts - Request to abridge the timeframe for responding to the request for a stay

On 2 June 2006, Barrett Xplore Inc. (BXI) filed an application pursuant to section 62 of the Telecommunications Act and Part VII of the CRTC Telecommunications Rules of Procedure , requesting the Commission to review and vary certain aspects of Disposition of funds in the deferral accounts, Telecom Decision CRTC 2006-9, 16 February 2006 (Decision 2006-9) insofar as they pertain to the subsidization of broadband facilities to serve rural and remote areas of Canada .   In its application, BXI also requested a stay of those parts of Decision 2006-9 that addressed the broadband subsidy issue, including the Commission's scheduled consideration of the incumbent local exchange carriers (ILECs') plans for spending the deferral account funds.   Further, as the deferral account proposals were to be filed by 30 June 2006 , BXI asked that the Commission abridge the usual timeframe for responding to a request for a stay from 30 to 10 days, with four days to reply, in order to complete the stay process in advance of the commencement of the Commission's implementation process.

The Commission received responses to BXI's request to abridge the timeframes for responding to its request for a stay from Bell Canada and TELUS Communications Company (TELUS).

By letter dated 6 June 2006, Bell Canada submitted that the abridgement of time requested by BXI to respond to the stay request was unnecessary and inappropriate in light of Bell Canada's 1 June 2006 letter requesting an extension to the filing date for its broadband proposal to 21 August 2006 .  

By letter dated 8 June 2006, TELUS opposed BXI's request for an abridged process to consider the stay request.   TELUS suggested that there could be no threat or harm to BXI given that the Commission has not authorized the ILECs to spend the funds in their deferral accounts.

The Commission notes that by letter dated 22 June 2006, it extended the ILECs' deadline from 30 June 2006 to 1 September 2006 to file proposed initiatives 1) to expand broadband services to rural and remote communities and 2) to improve accessibility to telecommunications services for persons with disabilities.   As a result, the record of the stay request will be completed before the filing of the ILECs' broadband expansion proposals.  

In light of the above, the Commission denies BXI's request to abridge the timeframes for responding to its request for a stay.  

Yours sincerely,

(Original signed by)

Diane Rhéaume
Secretary General

c.c.: R. Gauthier, CRTC (819) 994-5174
        K. Taylor, CRTC (819) 997-1849

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