ARCHIVED - Telecom Commission Letter - 8690-S9-200716334

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Letter

File No.:   8690-S9-200716334

Ottawa, 22 February 2008

By E-mail

Jean Brazeau
Vice President, Telecommunications Regulatory Affairs
Shaw Cablesystems Limited
630 3rd Avenue S.W., Suite 900
C algary, Alberta
T2P 4L4
Jean.Brazeau@sjrb.ca

Barry A. Sjolie
Brownlee LLP
Suite 2200, Commerce Place
10155 - 102 Street
Edmonton, Alberta
T5J 4G8
bsjolie@brownleelaw.com

Re:   Part VII application by Shaw Cablesystems Limited seeking an order granting access to highways and other public places in the County of Wheatland, Alberta

On 19 November 2007, the Commission received the above-mentioned Part VII application by Shaw Cablesystems Limited (Shaw) in which it identified numerous areas of disagreement with regards to a proposed Municipal Access Agreement (MAA) between Wheatland County (County) and Shaw that required a Commission determination.

On 19 December 2007, the County filed its response to Shaw's Part VII application.   In its response the County submitted that the only issue that is in clear dispute between the County and Shaw is the Alberta One Call membership condition.   The County submitted that, with the exception of the Alberta One Call membership condition, it only became aware of Shaw's remaining concerns in October 2007.   The County requested that the Commission dismiss the remainder of the Part VII application to allow for further negotiations of the terms and conditions of the MAA between the County and Shaw.

In light of the above, Commission staff suspends, as of 22 February 2008, the above Part VII application to provide the parties with the opportunity to engage in good faith negotiations over the disputed MAA terms and report back to the Commission, by letter, on or before 31 March 2008 specifying:

  1. Whether the parties wish to continue their negotiations, with or without Commission assistance.
  2. If not, provide a list of issues that remain in dispute.
  3. Provide each party's position on each of the remaining issues.

The parties will then have 7 days to reply to the other party's position.

The parties may contact Julian Brainerd at (819) 934-6376, should they require Commission staff assistance to facilitate the negotiations.

Yours sincerely,

Original signed by

Mario Bertand
Acting Director, Competition Implementation and Technology
Telecommunications

cc:   Jennifer Deak, Chief Administrative Officer, Wheatland County

Date Modified: 2008-02-22
Date modified: