ARCHIVED - Telecom Commission Letter - 8678-C12-200605553
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Ottawa, 27 September 2006
Our File: 8678-C12-200605553
Delivered by e-mail
To: Distribution List - Interested Parties, Review of price cap framework, Telecom Public Notice CRTC 2006-5, 9 May 2006
Re: Organization and conduct of the oral hearing
The Commission is scheduled to hold an oral hearing in connection with the above-noted proceeding commencing on Tuesday, 10 October 2006 at the Conference Centre, Phase IV, Outaouais Room, 140 Promenade du Portage, Gatineau, Quebec.
The purpose of this letter is to provide information to the parties on a variety of matters relating to the organization and conduct of the oral hearing.
The Commission intends to begin the hearing at 9:00 a.m. on Tuesday, 10 October 2006 , and to sit Monday through Fridays during the course of the hearing, with a normal sitting day of 9:00 a.m. to 5:30 p.m.
While the Commission does not anticipate that sittings will extend into the evenings or into the weekend, it may be necessary to revisit the schedule and sit longer hours on one or more days, or to sit on Saturday, 14 October 2006 . The Commission notes that it currently intends the hearing to conclude no later than Friday, 20 October 2006 followed by final arguments.
The Commission does not intend to reserve the first day of the hearing for comments from the general public and will proceed immediately with the testimony offered by the various interested parties.
Ruling on confidentiality and deficiency claims
The Commission's procedures in this hearing have provided for a round of requests for disclosure and for further responses regarding interveners' interrogatory responses filed on 20 September 2006 . It is expected that a ruling on any such requests will be issued as soon as possible. Any information provided pursuant to that determination will be filed with the Commission and served on all interested parties by 4 October 2006.
Order of witnesses to be presented
The following parties have advised the Commission of their intention to make one or more witnesses available for cross-examination. The Commission has determined that the parties should present their witnesses in the following order:
The Commission has been informed that certain witnesses are not available at all times. It will attempt to adjust the above schedule as necessary.
Order of cross-examination
Several parties have indicated that they wish to cross-examine one or more witnesses. The Commission has decided that parties wishing to cross-examine witnesses will proceed in the order set out in Attachment 1 to this letter. Any party who wishes to conduct cross-examination who is not on this list is to notify the Commission of their intention to do so no later than Friday, 6 October 2006 .
The Commission notes that, in the case of each witness, questions from the Commission and from Commission counsel, if any, will follow cross-examination by the parties.
Final oral argument
It is the Commission's intention to hear final oral argument at the hearing, with a maximum time allowed of 30 minutes per party. Parties wishing to present final oral argument should proceed in the order set out in Attachment 1 to this letter. In addition to, or instead of, presenting final oral argument, parties may file written argument by serving a copy on all parties, by the later of 26 October 2006 or the end of the oral hearing.
Opening statements and the use of audio-visual presentations
The Commission will not permit opening oral statements by any party or their witnesses, whether at the commencement or during the course of the oral hearing and will not permit the use by any party or their witnesses of any audio-visual presentation. However, parties may file a written opening statement as an exhibit on the first morning of the hearing, serving a copy on all interested parties at the hearing.
Responsibilities of the parties
Parties are reminded that it is their responsibility to monitor the progress and content of the hearing in order, among other things, to ensure that they are aware of any documents that may have been filed in their absence, any changes to the order of presentation of witnesses, and/or any rulings made by the Commission. The oral hearing will be webcast on the Commission's website at www.crtc.gc.ca)
a Record of Appearance and the name of their Legal Counsel/Representative on Thursday, 5 October 2006 . This will enable the Hearing Secretary to contact parties, if necessary, to obtain information or to inform them of matters relating to the hearing. Copies of the Record of Appearance may be obtained from the Hearing Secretary on the morning of 10 October 2006 .
Parties are reminded that traditional examination-in-chief is not permitted at public hearings conducted by the Commission. Rather, in accordance with section 21 of the CRTC Telecommunications Rules of Procedure , a party calling a witness should restrict its examination to the following:
The introduction of witnesses by parties should be brief, with little or no reading from witnesses' curricula vitae.
Curricula vitae of witnesses
Curricula vitae of witnesses to be presented by parties are to be filed with the Commission and copied on all parties no later than Thursday, 5 October 2006 .
Procedure for introduction of exhibits
The Commission expects parties to introduce exhibits using the expedited procedure which was adopted in the proceeding leading to Review of regulatory framework , Telecom Decision CRTC 94-19, dated 16 September 1994 . For convenience, this procedure is reproduced below:
Responses to undertaking
Documents other than responses to undertakings
Copies of documents filed
All parties are reminded that, with respect to all documents filed at the oral hearing, 20 copies must be provided to the Hearing Secretary for the Commission's use.
At the same time, a copy of all such documents must be served on all other parties present at the oral hearing on the date the document is filed.
Pre-hearing briefing document
The Commission intends to make available for inspection by all parties, a pre-hearing briefing document prepared by Commission staff to aid Commissioners on various substantive matters likely to be addressed during the course of the oral phase of this proceeding. While this document does not represent an exhaustive discussion of the issues to be examined by the Commission, it does provide an indication of some of the matters arising from the record. The Commission will make copies of this document available in the Public Examination Room at the oral hearing on the morning of 10 October 2006 .
Assistance to parties
In order to ensure that the oral hearing may be conducted smoothly and efficiently, Commission counsel (Stephen Millington and Rachelle Frenette, Tel: (819) 953-0632 or (819) 994-2940) will be available, both prior to and during the hearing, to assist legal counsel or other representatives of the parties with regard to procedural matters and the practices and procedures of the Commission.
Original signed by/
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ORDER OF CROSS-EXAMINATION OF WITNESSES/
Date Modified: 2006-10-13
- Date modified: