ARCHIVED - Telecom Commission Letter - 8622-B2-200602773
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Ottawa, 6 October 2006
Our File No.: 8622-B2-200602773
Mr. Mirko Bibic
Re: Part VII Application by Bell Canada to request Vidéotron ltée to discontinue its current practice of requiring customers who subscribe to Vidéotron's cable telephony service to discontinue competitors' high-speed Internet service
Further to the Bell Canada application referenced above, dated 15 March 2006, Bell Canada and Vidéotron ltée (Vidéotron) have reached agreement on items 1, 2, and 4 set out in Bell Canada's application. In Commission staff's view, the sole outstanding issue which the Commission has to determine is who should pay for the cost of the installation and the cost of the network demarcation device when no such device is present on the customer's premises in situations where the customer no longer wishes to use any Bell Canada services.
This letter shall serve to advise Bell Canada (the Applicant) and Vid éotron (the Respondent) that the Commission has decided to adjudicate this matter, pursuant to Part VII of the CRTC Telecommunications Rules of Procedure on an expedited basis, in accordance with the expedited process established in Expedited procedure for resolving competitive issues , Telecom Circular CRTC 2004-2, dated 10 February 2004.
Consequently, this matter will be referred to a Panel of three Commissioners and the proceeding will include an oral hearing on 24 November 2006 .
No later than 24 October 2006, the Applicant and the Respondent shall each file with the Commission and serve on each other, a document consisting of a concise argument stating all the facts, Commission requirements and regulatory decisions and, if applicable, decisions of the Courts relied upon in supporting their respective positions. The parties are also requested to include in the document a concise statement of the relief sought. This document shall be no longer than 10 pages in length. The parties shall file, as an attachment, a copy of all written material upon which they rely, except material already filed on this record, Commission determinations, tariffs, tariff filings and any other similar documentation usually before the Commission in the normal course of business.
Please note that to the extent possible all documents should be filed with the Commission using the Procedure electronic form specifying the Commission file number indicated on this letter. Parties can access the electronic form on the Commission's website http://support.crtc.gc.ca/crtcwebform/default.aspx?indx=1&lang=e .
A copy of the document(s) should also be forwarded to Mr. Mario Bertrand, at email@example.com
Where a party designates information filed with the Commission as confidential, it must provide the reasons for its claim for confidentiality at the time it files the information with the Commission. If it chooses to do so, the other party (the requesting party) has two days to make representations to the Commission, clearly stating why it considers that the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality. The party claiming confidentiality will have two days to file a reply, serving a copy on the requesting party.
The hearing will be held in Salon Réal Therrien on the 7th floor of the Central Building , Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau , Québec.
At the beginning of the hearing, the Applicant and the Respondent will be accorded the opportunity to briefly address the Panel, 10 minutes maximum. The parties will then be questioned by the Commission and will each be accorded 20 minutes to question each other. The Applicant and the Respondent will be accorded the opportunity to briefly address the panel at the conclusion of the hearing, 10 minutes maximum.
The parties are required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn, if appropriate, from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing.
The parties will be provided with an agenda for the hearing by 21 November 2006 and are required to provide to Ms. Marielle Giroux-Girard , at firstname.lastname@example.org , and serve on each other, at least 10 days prior to the panel hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise.
Parties may contact Mr. James Wilson at (819) 997-3875, or at email@example.com , if they require additional information regarding the hearing.
Verbatim transcripts of the hearing will be kept and posted on the Commission's web site.
Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.
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