ARCHIVED - Telecom Commission Letter - 8690-M59-200707721
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LetterFile No: 8690-M59-200707721 Ottawa, 1 April 2008 By email Teresa Griffin-Muir Patsy Scheer Re: Municipal Access Agreement between the City of Vancouver and MTS Allstream Inc. - Further Process On 11 March 2008, the City of Vancouver filed a letter with the Commission concerning Attachment 1 (the Second Chart) to MTS Allstream Inc's (MTS Allstream) reply comments of 5 March 2008. The City of Vancouver argued that MTS Allstream had filed a previous version of this chart (the first chart) in its comments of 15 February 2008, to which the City of Vancouver had added its comments in its final comments dated 27 February 2008. In its 15 February 2008 filing, MTS Allstream indicated that the first chart included all the items that were in dispute between MTS Allstream and the City of Vancouver , with brief notes explaining MTS Allstream's position on each of these items. In the City of Vancouver 's 27 February 2008 filing, the City of Vancouver expanded this chart by adding a column with a brief explanation of its position for each item included in the first chart. In accordance with the Commission established procedure this was the City of Vancouver 's final submission in this proceeding. In the MTS Allstream 5 March 2008 filing, MTS Allstream expanded this chart by including the column previously added by the City of Vancouver , plus a new column for MTS Allstream's final position. The City of Vancouver noted in its letter of 11 March 2008 that MTS Allstream also added a number of "new items" that were not in the first chart for which the City of Vancouver was now not able to add its own explanation of its position on these items. The City of Vancouver contends that this chart is now not only incomplete but it is inaccurate and misleading with respect to the positions taken by the City of Vancouver in this proceeding. In its view, this is due to so many of the items in the second chart having no information under the 27 February 2008 City position column. MTS Allstream filed a response on 14 March 2008, noting that this proceeding has been underway for a number of years and there is no basis to the City of Vancouver 's argument that MTS Allstream has raised new issues in the second chart. MTS Allstream noted that the main purpose of the chart was not to provide an overview of each parties positions but was intended for ease and reference to set out MTS Allstream's position respecting the terms and conditions in the various versions of the MAA's produced to date. On 19 March 2008, the City of Vancouver responded to MTS Allstream's letter of 14 March 2008. In that letter, the City of Vancouver concluded that if the Commission allows MTS Allstream's second chart to remain on the record, then the City of Vancouver should be permitted to complete and correct the second Chart. Commission staff notes MTS Allstream's comments that it intended that this chart be a reference document for its positions on the various terms and conditions under dispute. However, Commission staff also notes that this document has evolved past that original intention with the addition of the City of Vancouver 's positions. Commission staff considers that the second chart would be helpful as a reference for the parties' positions if it included the City of Vancouver 's final position for the items that were added by MTS Allstream in its 5 March 2008 reply comments. Therefore, Commission staff considers that it would be appropriate to permit the City of Vancouver to complete the second chart for the items that were added to the chart from the first chart. Therefore, the City of Vancouver is to file, by 7 April 2008, an updated version of the second chart with its final position filled in for those items that were added from the first chart, serving a copy of such submission on MTS Allstream by that same date. MTS Allstream may, by 10 April 2008, file any updates to the second chart solely in reply to the additional information submitted by the City of Vancouver pursuant to this additional process, serving a copy of any such submission on the City of Vancouver by that same date. Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. Yours sincerely, Original signed Mario Bertrand |
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