Letter
Ottawa, 17 January 2008
File No.: 8622-S9-200800111
By email
Mr. Jean Brazeau
Shaw Communications Inc.
2055 Flavelle Blvd.
Mississauga, Ontario
L5K 1Z8
jean.brazeau@sjrb.ca
Mr. Peter Webb
Concord Pacific Group Inc.
9th Floor 1095 W. Pender St.
Vancouver, BC
V6E 2M6
Peter.webb@concordpacific.com
Mr. Terry Connolly
Director, Regulatory Affairs
TELUS Communications Company
21-10020-100 Street NW
Edmonton, Alberta
T5J 0N5
terry.connolly@telus.com
Ms. Donna L. Robertson
Co-President and Chief Legal Officer
Novus Entertainment Inc.
Suite 300 - 112 E 3rd Avenue
Vancouver, British Columbia
V5T 1C8
donna.robertson@novusnow.ca
Re: Part VII Application by Shaw Communications Inc. seeking access to Concord Pacific Group Inc.'s Cooper's Quay buildings
On 7 January 2008, Shaw Communications Inc. (Shaw) filed a Part VII Application seeking an order directing Concord Pacific Group Inc. (Concord) to provide Shaw immediate access to the Cooper's Quay development in Vancouver and prohibiting Novus Entertainment Inc. (Novus) from offering or providing service to customers at Cooper's Quay until such time as Shaw has been provided a reasonable opportunity to install its facilities in the development. Shaw also requested that the timelines for the filing of an Answer and Reply be abbreviated to 10 and 3 days respectively.
In its Application, Shaw stated that TELUS Communications Company (TCC), a local exchange carrier, had been permitted to access the property in question to install its telecommunications facilities. In these circumstances, Commission staff is of the view that it is appropriate for TCC to be added as a party to this proceeding. Shaw is directed to serve TCC with a copy of its application.
In order to ensure that the Commission will have a complete record upon which to render a determination in this matter, parties to this proceeding are to provide their responses to the questions contained in the Attachments, as set out below.
By letter dated 15 January 2008, Concord submitted that Concord is currently willing to work with the Commission and Shaw to entertain proposals in good faith to permit access to the Cooper's Quay development. Commission staff encourages parties to negotiate an agreement that would lead to access by Shaw to the properties on a timely basis under reasonable terms and conditions.
In light of all of the foregoing, Commission staff is of the view that the expedited process requested by Shaw is not appropriate and that the process set out below should apply.
Concord is to respond to question 1 set out in Attachment 1 by 21 January 2008 .
Shaw is to respond to the questions set out in Attachment 2 by 28 January 2008 .
Concord is to file its Answer, including answers to questions 2 to 7 (inclusive) set out in Attachment 1, by 6 February 2008 . TCC and Novus are to respond to the questions set out in Attachment 3 by 6 February 2008 and may file an Answer by that date.
Shaw is to file its Reply by 18 February 2008 .
Parties are to file their submissions with the Commission and to serve a copy of each submission on the other parties to the proceeding. 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.
Yours sincerely,
'Original signed by M. Bertrand'
Mario Bertrand
A/Director, Competition Implementation and Technology
Telecommunications
cc: Ms. A. San
Concord Pacific Group
9th Floor 1095 W. Pender St .
Vancouver , BC
V6E 2M6
Ada.san@concordpacific.com
Stephen Zolf - Partner
Heenan Blaikie LLP
PO Box 185, Suite 2600
200 Bay Street
Toronto, ON
M5J 2J4
szolf@heenan.ca
Kim.wardle@crtc.gc.ca
Attach.
ATTACHMENT 1
Questions for Concord Pacific Group Inc. ( Concord )
- Confirm that Concord Pacific Group Inc. has the authority to negotiate with the Applicant, Shaw, the terms of access to the Cooper's Quay development for the installation of facilities for the purpose of providing telecommunications and broadcasting services. If not, identify the entity that has such authority.
- Confirm that Concord has granted access to TELUS Communications Company (TCC) and/or Novus Entertainment Inc. (Novus) during construction of the Cooper's Quay development to install facilities (or any equipment or apparatus of any kind) for the purpose of providing telecommunications or broadcasting services. If Concord has not granted such access, identify the entity that has granted such access to TCC and Novus.
- Did Concord require TCC to submit business and marketing plans prior to granting them permission to install facilities in the buildings comprising Cooper's Quay? If so, did TCC submit such plans?
- Did Concord require Novus to submit business and marketing plans prior to granting them permission to install facilities in the buildings comprising Cooper's Quay? If so, did Novus submit such plans?
- Describe in detail the type of information that Concord is asking Shaw to provide in the form of a business and marketing plan.
- Explain how Concord intends to use the business and marketing plans it is requiring Shaw to submit. Specifically, explain why Concord requires this type of information from Shaw in order to respond to Shaw's request for access to the buildings in question.
- For each building in the Cooper's Quay development, provide the specific date when the building was made available or will be available for occupancy.
ATTACHMENT 2
Questions for Shaw Communications Inc. (Shaw)
- Provide a detailed description of the facilities (and equipment or apparatus of any kind) and the configuration of the distribution system that Shaw (a) would install in the buildings if it is provided with access during the time the buildings are under construction; and (b) has installed or intends to install in the buildings at issue following the completion of the construction of the buildings. In doing so, identify any differences in facilities (or equipment or apparatus of any kind) or in the configurations of the systems under these two scenarios and any differences in the associated costs, as well as any differences in Shaw's ability to provide end-users with service.
- Provide a description of the various broadcasting and telecommunications services (for example, telephony, internet and/or broadcasting distribution) that Shaw offers and intends to offer using the facilities that it has installed or intends to install in the buildings.
- At paragraph 16 of its application, Shaw states that it is and will continue to be unable to fill customer service requests at the Cooper`s Quay development until it is permitted to access the properties. Has Shaw received any such requests for service? If so, how many?
ATTACHMENT 3
Questions for TELUS Communications Company (TCC) and Novus Entertainment Inc. (Novus)
- Provide a description of the various broadcasting and/or telecommunications services (for example, telephony, internet, broadcasting distribution) that the Company is offering, or intends to offer, to residents of the Cooper's Quay development. Will all of those services be provided using the facilities (or equipment or apparatus of any kind) that it has installed or intends to install in the Cooper's Quay development? If not, by what means will the company provide the service in question?
- Has the Company ever been required to submit business and marketing plans as a condition of obtaining access to any multi-unit residential building in order to install facilities (or equipment or apparatus of any kind) for the purpose of providing telecommunications and/or broadcasting services? If so, describe each occasion on which such plans were required, identifying the entity requiring such plans and the buildings to which access was granted. In addition, describe in detail the type of information that the company provided.
- Provide a copy of or website link to any written access agreement or agreements and provide the terms of any unwritten access agreement or agreements that the company concluded with Concord Pacific Group Inc. (Concord) and any other entity for the installation of facilities (or equipment or apparatus of any kind) for the purpose of providing telecommunications and/or broadcasting services during the construction of buildings on land owned by the Concord with respect to the properties that form the Cooper's Quay development.
Date Modified: 2008-01-17 |