ARCHIVED - Telecom Commission Letter - 8640-T66-200612714

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Ottawa, 25 May 2007

File No.: 8640-T66-200612714


To:    Distribution List (Attached)

Re:   TELUS Communications Company - Application seeking forbearance of TELUS' High-Speed digital services

On 10 October 2006, the Commission received an application filed pursuant to Part VII of the CRTC Telecommunications Rules of Procedure , from TELUS Communications Company (TCC), requesting that the Commission make a determination, pursuant to section 34 of the Telecommunications Act (the Act), to refrain wholly and unconditionally from exercising its powers and performing its duties under sections 24, 25, 27, 29 and 31 of the Act with respect to TCC's high-speed digital services (HSDS).

On 26 October 2006, Commission staff notified TCC that it was suspending TCC's Part VII application for forbearance of HSDS until the Commission rendered a determination in the proceeding initiated by Framework for forbearance from regulation of high-speed intra-exchange digital network access services , Telecom Public Notice CRTC 2005-8, 30 June 2005, amended by Telecom Public Notice CRTC 2005-8-1 and Telecom Public Notice CRTC 2005-8-2.

On 25 May 2007 , the Commission issued Framework for forbearance from regulation of high-speed intra-exchange digital network access services , Telecom Decision CRTC 2007-35, 25 May 2007 , in which it set out the criteria that the Commission will use to determine when it is appropriate to forbear from regulating intra-exchange HSDS and what the scope of such forbearance will be.

In light of this, Commission staff hereby re-opens TCC's Part VII application to permit the filing of further evidence and submissions.   Based on the record to date, Commission staff considers that additional information is required from both TCC and competitors.   In accordance with the framework set out in Decision 2007-35, Commission staff requires that TCC submit the following information:

a)   a list of the wire centres for which TCC is seeking forbearance;

b)   a list of all known competitors offering or likely to offer high-speed DNA services in each wire centre for which TCC is seeking forbearance;

c)   a list of all buildings connected to TCC's high-speed DNA-capable network (including street address and postal code) in each wire centre for which TCC is seeking forbearance in the format set out in the Appendix of Decision 2007-35 ;

d)   evidence of rivalrous behaviour for each wire centre for which TCC is seeking forbearance and for which TCC has less than 25 buildings connected to its high-speed DNA-capable network; and

e)   a submission detailing why TCC believes that it is entitled to forbearance in each wire centre for which it is seeking forbearance and all evidence in support of its submissions.

Commission staff requests that TCC file this information by 13 June 2007 .

In accordance with Decision 2007-35, Commission staff directs TCC to copy all known competitors in the applicable wire centres with its filing and to advise them of the Commission requirement that competitors provide information to the Commission on the number of buildings connected to their high-speed DNA capable network.   Competitors are to file this information, in the format provided in the Appendix of Decision 2007-35, and any comments with the Commission by 13 July 2007 , serving a copy on TCC and all other known competitors.

Reply comments from TCC are to be filed by 24 July 2007 , serving a copy on all participating parties.   Commission staff notes that where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.


'Original signed by P. Godin'

Paul Godin
A/Director General
Competition, Costing & Tariffs

cc.:    Marianne Blais
         Senior Analyst
         Competition Implementation & Technology
         (819) 997-4588

Distribution List : ; stinsond@comnet.calefebvre@rogers.comkirsten.embree@fmc-law.comdmckeown@viewcom.careglementation@xittelecom ; ; telecom-sales ; ; ; ; ; ; ; ; ; ; ; ; ; roy.wiseman@peelr ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ;

Date Modified: 2007-05-25
Date modified: