ARCHIVED - Telecom Commission Letter - 8640-C12-200706351

Letter

Ottawa, 15 May 2007

BY E-MAIL

Our File No.: 8640-C12-200706351

To:   Distribution List (attached)

Re: Application for local forbearance - Additional Information and other related issues

In a letter dated 7 May 2007 the Commission directed, among other things, participating parties to file additional information to complete its review of the local forbearance applications by the Incumbent Local Exchange Carriers (ILECs).

The Commission is in receipt of a letter dated 9 May 2007 from the Canadian Cable Systems Alliance Inc. (CCSA), on behalf of its Member Companies, requesting, among other things, further clarification with respect to the extent to which the additional information from the ILECs will be filed on the public record.   Commission staff considers that the process for the consideration of disclosure of information requests set up in the Commission letter dated 7 May 2007 provides for an efficient and fair process for all parties involved.   However, Commission staff recognizes that it would be appropriate to revise the timelines set out in the Process and Timelines section for the following paragraphs:

2.   Where an applicant ILEC designates information filed with the Commission as confidential, it must provide the reasons for its claim of confidentiality at the time it files the information with the Commission.   Applicant ILECs are to resubmit all claims of confidentiality made in the original local forbearance application.   If they claim confidentiality, the other participating parties may make representations to the Commission by 22 May 2007 , clearly stating why they consider that the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality.   The applicant ILEC is requested to file a reply by 23 May 2007 , serving a copy on the participating parties.

4.   Competitors are to file the requested information [1] in Appendices 2 to 4, as applicable, serving a copy on all participating parties and the applicant ILEC, by 30 May 2007 .

5.   Where a competitor designates information filed with the Commission as confidential, it must provide the reasons for its claim of confidentiality at the time it files the information with the Commission.   If they claim confidentiality the other participating parties and the applicant ILEC may make representations to the Commission by 1 June 2007 , clearly stating why they consider 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 is required to file a reply by 4 June 2007 , serving a copy on the participating parties and the applicant ILEC.

7.   Comments on the applications are to be filed, serving a copy on all participating parties and the applicant ILEC, by 6 June 2007 .

8.   Reply comments on the applications are to be filed, serving a copy on all participating parties, by 11 June 2007 .

With respect to the other matters addressed in the CCSA letter, Commission staff is of the view that they are more appropriately addressed in the comments filed with respect to the specific applications.

In this letter, Commission staff is also providing the following revisions to the Commission 7 May 2007 letter:

1.   Appendix 1, Part B - Evidence, section 1) Competitor Presence Test, Bullet four is revised to read as follows:

A list of Forward Sortation Areas (FSAs) assigned to each wire centre in the exchange for which the ILEC is requesting forbearance and the number of households estimated by mapping FSAs onto local exchange boundaries.  

Where the geographic scope of FSAs does not align well with wire centre boundaries, provide a list of the six character postal codes assigned to each exchange for which the ILEC is requesting forbearance and the number of households estimated by mapping these six character postal codes onto local exchange boundaries.   Where an ILEC is relying upon the presence of more than one wireline competitor and one of these competitors is using leased local access transmission facilities, this information should be provided by wire centre.

2.   Appendix 2, section 1), Bullet a) and b) are revised to read as follows:

a)  Residential local exchange services:   For each exchange, provide the total number of households capable of being served with local exchange services, based on the information and to the level of disaggregation provided by the ILEC in response to Appendix 1.

b)   Business local exchange services:   For each exchange, provide the total number of business local access lines capable of being served with local exchange services, based on the information and to the level of disaggregation provided by the ILEC in response to Appendix

Lynne Fancy
A/Director, Competition Implementation and Technology
Telecommunications

[1]       When filing the information, competitors are requested to indicate the Commission's file number corresponding to the applicant ILEC original application as shown on the Commission's website.

Distribution List :

smacdonald@mtt.ca ;  donald.woodford@bell.ca ;  pdowns@nexicom.net ;  rwi_gr@rci.rogers.com ;  reglementa@telebec.com ;  dmccaffrey@kenora.com ;  regulatory.matters@aliant.ca ;   drew.gordon@bell.ca ;  document.control@sasktel.sk.ca ;  sdrew@globalstar.ca ;  regulatory.affairs@telus.com ;  intervention@newnorth.ca ;  peter.diedrich@tbaytel.com ;  regulatory.aff@fidomobile.ca ;  alain.duhaime@sogetel.com ;  iworkstation@mtsallstream.com ;  andrew@isptelecom.net ;  regulatory@corporate.fcibroadband.com ;  brenda.stevens@rci.rogers.com ; JohnP@mountaincable.on.ca ;  Regulatory@sjrb.ca ;  regaffairs@quebecor.com ;  jesse@vianet.ca ;  regulatory.affairs@telus.com ;  david.watt@rci.rogers.com ;  regulr@bmts.com ; reglementaire@maskatel.qc.ca ;  steve@wtccommunications.ca ;  regulatory@distributel.ca ;  documents@accesscomm.ca ;  ataylor@personainc.ca ;  mlaurent@cooptel.qc.ca ;  lcouture@telwarwick.qc.ca ;   ian.stevens@execulink.com ;  pdowns@nexicom.net ;  natalie.macdonald@corp.eastlink.ca ;  jboutros@globility.ca ; reglementation@xittel.net ; bell.regulatory@bell.ca ; ken.engelhart@rci.rogers.com ;  cataylor@cyberus.ca ;  jeffrey.fan@ubs.com ;  dave.jarrett@sympatico.ca ;  taylor.richard@cb-bc.gc.ca ;  arthur.gottlieb@sympatico.ca ;  icollins@torontohydro.com ;  dmckeown@viewcom.ca ;  piac@piac.ca ;  stinsond@comnet.ca ;  Peter.Rhamey@bmonb.com ;  lefebvre@rogers.com ;  regulatory.affairs@alcatel.com ;  gordonp@lao.on.ca ;  stikeman@tactix.ca ;  kirsten.embree@fmc-law.com ;  pleblanc@iedm.org ;  crtc@mhgoldberg.com ;  antecol@phmlaw.com ;  reglementation@xittel.net ;  amedeo.bernardi@ontera.ca ;  abriggs@cogeco.ca ;  joe.parent@vonage.com ;  ghariton@sympatico.ca ;  regulatory@lya.com ;  calgaryregulatory@calgary.ca ;  reglementation@xittel.net ;  regulatoryca@aol.com ;  christian.tacit@cybersurf.com ;  lisangus@angustel.ca ;  regaffairs@quebecor.com ;  david.kidd@blakes.com ;  regulatory@primustel.ca ;  progers@osler.com ;  benrovet@rogers.com ;  sabray@satat.qc.ca ;  andre.labrie@mcc.gouv.qc.ca ;  rob.olenick@tbaytel.com ;  sdesy@actq.qc.ca ;  Regulatory@sjrb.ca ;  telecom.regulatory@cogeco.com  ; mandrews@amtelecom.ca ; info@ccsa.cable.ca; tsullivan@wightman.ca ; regmat@ntl.sympatico.ca ; regulatoryaffairs@nwtel.ca