ARCHIVED - Telecom Commission Letter - 8622-S9-200800111

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Letter

Ottawa, 29 February 2008

File No.: 8622-S9-200800111

By email

Mr. Terence Hui
President and CEO
Concord Pacific Group Inc. and CEO
Coopers Park Corporation
900- 1095 West Pender Street
Vancouver , British Columbia   V6E 2M6
info@concordpacific.com

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

Shaw Communications Inc. (Shaw) filed an application dated 7 January 2008 with the Commission seeking an order directing Concord Pacific Group Inc. (Concord) to provide to Shaw immediate access to the Coopers Quay development in Vancouver and prohibiting Novus Entertainment Inc. (Novus) from offering or providing service to customers at Coopers Quay until such time as Shaw has been provided a reasonable opportunity to install its facilities in the development.   Shaw submitted that Concord has refused to permit Shaw to access the buildings in question, while it has permitted its related company Novus to access the development during and after construction.

The Commission sent interrogatories to Concord on 20 February 2008 to clarify the specific entity possessing the legal authority to negotiate the terms of access by Shaw.   In its response dated 26 February 2008, Concord identified that, for the Coopers Lookout building, consent is required from Concord, and for the Mariner and Flagship buildings, consent is required from Coopers Park Corporation and also identified Terence Hui, the President and Chief Executive Officer of Concord, as the Chief Executive Officer of Coopers Park Corporation.

In disposing of Shaw's application, Terence Hui is hereby notified that the Commission will determine the issue as to whether an order should be made directing the person named above to permit Shaw to construct and/or install its telecommunications facilities in the buildings in question, subject to such conditions as the Commission determines to be just and expedient. 

The person named above may file a response with the Commission, serving a copy on all other parties, by 5 March 2008.   Shaw may, by 10 March 2008 , file with the Commission and serve a copy on all parties, a reply solely with respect to any such submission.

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

Mario Bertrand
A/Director
Competition Implementation and Technology
Telecommunications

cc: janet.yee@concordpacific.com   
        donna.robertson@novusnow.ca
        regulatory.affairs@telus.com  
        ada.san@concordpacific.com  
        szolf@heenan.ca
        Peter.webb@concordpacific.com  
       jean.brazeau@sjrb.ca   

Date Modified: 2008-02-29
Date modified: