ARCHIVED - Telecom Commission Letter - 8644-N68-200715310

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Letter

File No.: 8644-N68-200715310

Ottawa, 21 January 2008

By E-mail

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

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

Re:   Novus Entertainment Inc. - Application for access to multiple dwelling units developed by Pinnacle

Commission staff notes that Pinnacle International (Pinnacle) indicated in its answer, dated 29 November 2007, to Novus Entertainment Inc's (Novus) Part VII application that it was now prepared to enter into discussions with Novus for access to the properties that are the subject of the Novus Part VII application.

Commission staff also notes that Novus, in its reply comments, indicated a willingness to enter into discussions regarding the terms and conditions for access to Pinnacle's properties and requested that the Commission take no further action pending further discussions with Pinnacle.

Commission staff agrees that it would be highly beneficial to both parties if access arrangements to the properties that are the subject of the Novus Part VII application could be negotiated between the parties without further process by the Commission.

Therefore, Commission staff agrees with the Novus request to halt the Part VII process, while negotiations are underway. Commission staff is hopeful that the result of these negotiations will be that residents in the above noted properties will have the ability to choose their service provider of choice.

Commission staff notes that either party may write to the Commission requesting that the Part VII process be started again in the event that negotiations prove to be unsuccessful.

In the event that a negotiated settlement is reached, Commission staff requests that Novus inform the Commission, in a timely fashion and in writing, of this fact so that the file may be closed.

Sincerely,

Original signed by Paul Godin

Paul Godin
Director General
Competition, Costing and Tariffs

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

Terry Connolly
Director, Regulatory Affairs
TELUS Communications Company
10020 - 100 Street N.W.
31st Floor
Edmonton, Alberta   T5J 0N5
regulatory.affairs@telus.com

McCarthy Tétrault LLP
Barristers & Solicitors
Suite 4700, Toronto Dominion Bank Tower
Toronto, Ontario M5K 1F6
Attention: Stephen Rawson
srawson@mccarthy.ca

Date Modified: 2008-01-21
Date modified: