ARCHIVED - Telecom Commission Letter - 8622-S9-200800111

Letter

Ottawa, 23 January 2008

File No.:   8622-S9-200800111

By email

To:
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

Ms. Janet Yee
Centreville Construction Ltd.
9 th Floor 1095 W. Pender St .
Vancouver, BC
V6E 2M6
Janet.yee@concordpacific.com

Re:   Part VII Application by Shaw Communications Inc. seeking access to Concord Pacific Group Inc.'s Cooper's Quay buildings

This is in response to a letter dated 21 January 2008 filed by Heenan Blaikie on behalf of Concord Pacific Group Inc. ( Concord ) with respect to the above-noted application.   In response to a Commission staff interrogatory, Concord stated that inquiries by third parties with respect to the installation of facilities for the purpose of providing telecommunications and broadcasting services at the Coopers Pointe, Mariner and Flagship buildings may be addressed to Centreville Construction Ltd. (CCL), as the project and construction manager.   With respect to the Coopers Lookout building, Concord stated further that Coopers Lookout Developments Limited Partnership (CLDP), an affiliate of Concord , is the developer of that building and that Concord has the requisite authority to negotiate with third parties for access to that building.

In light of the above, Concord is requested to file with the Commission, serving copies on all other parties to this proceeding, responses to the following additional interrogatories by 6 February 2008:

1. Is CCL a wholly-owned subsidiary of Concord ?

2. Describe the relationship between Concord and CLDP.

3. Provide a corporate ownership chart explaining in detail the relationship between Concord and CCL; Coopers Park Corporation (CPC); CLDP; and, Novus Entertainment Inc.

4. In its filing entitled Management's Discussion and Analysis of Operations for nine months ended September 30, 2007, CPC referred (at p. 12) to Concord as "project manager" and to CCL (at p. 13) as the " general contractor" of the Coopers Pointe, Mariner and Flagship buildings.   Would Concord agree with these characterizations of the roles performed by each of Concord and CCL?

5. Concord 's website presents Concord as the developer of all four buildings in question:   the Coopers Pointe, Mariner, Flagship and Coopers Lookout.   Describe in detail the various responsibilities and functions of each of CPC, Concord , CCL and CLDP with respect to the four buildings.   Provide copies of all agreements (e.g. between CPC and Concord or CCL) that set out the responsibilities of Concord , CCL or CLDP vis-à-vis the properties in question.

Shaw is requested to serve a copy of its application on CCL within 2 days of receipt of this letter.   CCL may file an Answer to Shaw's application by 6 February, 2008, serving a copy of its submissions on all other parties to this proceeding.

All submissions must be received, and not merely sent, by the dates provided herein.

Yours sincerely, 

Original signed by

Mario Bertrand
A/Director, Competition Implementation and Technology
Telecommunications

Attachment

cc: Distribution List (attached)

Distribution List:

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

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