ARCHIVED - Telecom Commission Letter - 8662-T66-200613671

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Ottawa, 28 November 2006

File No.: 8662-T66-200613671

By E-Mail

Mr. Simon Lockie
Vice President and General Counsel
Yak Communications (Canada) Inc.
300 Consilium Place - Suite 500
Toronto, Ontario
M1H 3G2

Dear Mr. Lockie:

Re:    TELUS Communications Company Application to Review and Vary Telecom Decision CRTC 2006-22, Telecom Decision CRTC 2006-23, and Telecom Decision CRTC 2006-42  

This is further to your letter dated 13 November 2006 in response to the above-noted Part VII Application by Telus Communications Company (TCC).   In your letter you state that the Application is directed against Yak Communications (Canada) Inc. (Yak) as well as other customers of Access Tandem (AT), Direct Connection (DC), and Co-Location charges and the Application should have been endorsed with notice as to service of answer as set forth in the form of endorsement given in Form 12 of the schedule to the CRTC Telecommunications Rules of Procedure (the Rules ).   On this basis you assert that the Application was not filed in accordance with section 57(2)(g) of the Rules and request that the Commission either have TCC re-file its Application or issue directions on procedure.   You also requested that the Commission direct TCC to file the evidence on which TCC is claiming that the Commission abandoned each of the subject proceedings.

A Part VII application asking the Commission to review and vary a decision is typically served on interested parties who participated in the proceeding subject to the review and vary application.   Yak neither registered as an interested party nor participated in any of the AT, DC, and co-location power proceedings.

Pursuant to the Commission's usual procedure, the Application was posted on the Commission's web site on 31 October 2006 .

Pursuant to the Rules , the date for filing and serving answers to the Application would be 29 November 2006 .   Nevertheless, in response to your request for an extension of time, the process is modified as follows:

1)  By 6 December 2006 , respondents may file answers to the Application, serving a copy on the applicant.

2)   By 18 December 2006 , Telus may file a reply, serving a copy on the parties.

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.

With respect to your request that the Commission direct TCC to file additional evidence, Yak may raise any point in answer to the Application and TCC may respond.


Paul Godin
A/Director General
Competition, Costing and Tariffs

cc:    TELUS
        Parties to Telecom Decision CRTC 2003-83
        Public Notice CRTC 2001-37
        Bell Canada Tariff Notice 6653 and TELUS (TCI) Tariff Notice 488 and TELUS
       (TCBC) Tariff Notice 4173

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Date Modified: 2006-11-28
Date modified: