ARCHIVED - Telecom Commission Letter - 8644-N68-200713992

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Letter

Ottawa, 29 November 2007

File No: 8644-N68-200713992

By E-mail :

Donna L. Robertson
Co-President & Chief Legal Officer
Novus Entertainment Inc.
112 E 3rd Avenue, Suite 300
Vancouver, British Columbia
V5T 1C8
donna.robertson@novusnow.ca 

Jean Brazeau
Vice President, Regulatory Affairs
Shaw Telecom Inc.
630 - 3rd Ave SW
Suite 900
Calgary, Alberta  T2P 4L4
Regulatory@sjrb.ca

Re: Part VII Application - Installation of Novus Entertainment Inc's facilities in Pinnacle International Inc's developments 

On 28 September 2007 , Novus Entertainment Inc. (Novus) filed a Part VII application with the Commission, alleging that Shaw Cablesystems Limited (Shaw) had entered into exclusive access arrangements with Pinnacle International Inc. (Pinnacle) for two strata developments in Vancouver; namely "The Sapphire" and "The Ritz".

Shaw, in its response of 2 October 2007 , provided evidence that it had not entered into exclusive access arrangements with Pinnacle International Inc. and in its 9 October 2007 letter to the Commission, Novus agreed that the access agreements with Pinnacle International Inc. filed by Shaw were non-exclusive access arrangements.

Commission staff considers that since the record for this application indicates that Shaw has not entered into exclusive access arrangements with Pinnacle, and that Novus acknowledged that Shaw had entered into non-exclusive access arrangements with Pinnacle, that the issue raised in Novus's Part VII application has now been resolved.

Therefore, Commission staff will consider the Part VII application as being closed as the particular issue raised in the application has been resolved.

Staff notes that Novus has recently filed another Part VII application with the Commission concerning access to the Pinnacle developments noted above. In regards to that application, staff notes that the 20 November 2007 Commission staff letter concerning the serving of submissions with other parties remains in effect.

Sincerely,

Original signed by Paul Godin

Paul Godin
Director General
Competition, Costing and Tariffs

cc:   Al Hathaway
       Vice President - Construction
       Pinnacle International
       911 Homer Street
       Suite 300
       Vancouver, British Columbia
       V6B 2W6
       al@pinnacleinternational.ca

Date Modified: 2007-11-29
Date modified: