ARCHIVED - Telecom Commission Letter - 8663-C12-200614439

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Letter

File Number: 8663-C12-200614439

Ottawa, 13 September 2007

By Electronic Mail

To: Interested Parties List - PN 2006-14

Re: Review of regulatory framework for wholesale services and definition of essential service - Telecom Public Notice CRTC 2006-14

Report from Mr. Michael Osborne

In May 2007, the Commission engaged Mr. Michael Osborne, a lawyer practising primarily competition law and commercial litigation, of the law firm Affleck Greene Orr LLP, to prepare an independent report in order to add another perspective to the debate in this proceeding.

Please find attached an advance copy of said report, dated 6 September 2007 .   As this report refers to materials on the record of the above-noted proceeding, and contains Mr. Osborne's analysis and opinion on many of the issues, the Commission is making it available to the parties.

The Commission commissioned the report as input for the review of its policies for wholesale services.   This is an independent report, and neither Mr. Osborne nor his firm is involved in this proceeding.

The Commission does not intend to make Mr. Osborne available for cross-examination at the hearing, but parties will be able to use the report as they see fit (such as in cross-examination of other parties' witnesses and in the argument phase of this proceeding).   The Commission notes that the copy of the report provided to parties is currently available in English only.   A French-language version of the report will be made available on or about 1 October 2007, and both versions will be published on the Commission's website at that time.

Changes to the Process Previously Announced

Certain parties to this proceeding have asked the Commission to reinstitute final written reply argument, as initially set out in Public Notice 2006-14.

As a result of this request and of the Commission's making Mr. Osborne's report available to parties, the Commission considers that the process to this proceeding as set out in Public Notice 2006-14-3, as amended, should be amended to provide for two rounds of written argument, additional to the round of written argument due on 9 November 2007, as follows:

•  All parties may file argument with respect to the Osborne report and reply argument on all other issues, with the Commission, limited to 30 pages with an executive summary no longer than seven pages in length, serving a copy on all other parties, by  30 November  2007 .

•  All parties may file reply argument with respect to other parties' arguments on the Osborne report, with the Commission, limited to 15 pages with an executive summary no longer than three pages in length, serving a copy on all other parties, by 7 December 2007 .

Visit to a Party's Premises (Site Visit)

By letter dated 28 August 2007 , Commission staff advised parties that Commission members and relevant staff wished to visit a party's premises in the National Capital Region that contain facilities that relate to the proceeding.   By 7 September 2007 , parties were to advise the Commission of a consensus choice for the premises to be visited, or, absent consensus, to file their suggested venue.

After considering submissions from the parties received in response to that letter, the Commission considers it unnecessary in the circumstances to conduct the site visit.

Yours truly,

ORIGINAL SIGNED BY
JOHN KEOGH FOR:

Robert A. Morin
Secretary General

cc:   Mr. Michael Osborne
       Affleck Greene Orr LLP

Date Modified: 2007-09-13
Date modified: