ARCHIVED - Telecom Commission Letter - 8690-B62-200805286

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Letter

Ottawa, 23 July 2008

File No.:   8690-B62-200805286

BY E-MAIL

Mr. André Lavoie
Counsel for the Ville de Baie-Comeau
Lavoie Leblanc avocats
790 Bossé Street
Baie-Comeau, Quebec   G5C 1L6
avlavoie@globetrotter.net

Subject:   Expedited procedure for a dispute between the Ville de Baie-Comeau and TELUS Communications Company 

The Commission hereby acknowledges receipt of the letter from the Ville de Baie-Comeau (Baie-Comeau) dated 21 July 2008.  

In its letter, Baie-Comeau requests that the Commission review its decision to proceed by accelerated procedure to resolve the dispute between Baie-Comeau and TELUS Communications Company (TCC) regarding allocation of the costs associated with relocation of the TCC facilities.

Baie-Comeau argues that it considers itself disadvantaged by the accelerated procedure in relation to TCC.   Baie-Comeau indicates that TCC has known what Baie-Comeau's arguments are concerning the matters in dispute since the filing of its original application, but that it does not know what TCC's arguments are, as the normal process was interrupted by Commission staff to allow for mediation between the parties before TCC had the chance to file its reply.   Baie-Comeau also argues that the dispute does not meet the criteria set out in Public Notice CRTC 2000-65. [1]   Finally, Baie-Comeau is of the opinion that the Commission should review its decision and allow the parties to resume the normal process of the Commission, in accordance with the CRTC Telecommunications Rules of Procedure .

Commission staff notes that Telecom Circular CRTC 2004-2 [2] provides that it is entirely at the Commission's discretion to decide disputes to be referred to a committee.   Staff also notes that, as provided in the agenda attached to the Commission's letter of 7 July 2008 (modified version included herein to enable Baie-Comeau to present its closing remarks last), each party will have 10 minutes to make its opening remarks, 20 minutes to question its adversary and 10 minutes to make its closing remarks.   The Commission will have as much time as necessary to ask questions and ensure that it clearly understands each party's arguments.

Staff also wishes to notify Baie-Comeau that, at any time before the Commission makes its decision, the parties may continue their negotiations to try to reach a mutually satisfactory agreement.

In light of the above, staff is of the opinion that Baie-Comeau will not be disadvantaged and will have sufficient time to present its arguments and reply to those of TCC.

Consequently, the Commission maintains its decision to handle the present dispute in accordance with the process established in Telecom Circular CRTC 2004-2.

Yours truly,

Original signed by
Bill Mason for

Mario Bertrand
Acting Director
Competition Implementation and Technology

c.c.  ted.woodhead@TELUS.com  
       regulatory.affairs@telus.com   
       jean-sébastien.gagnon@crtc.gc.ca

[1] Practices and procedures for resolving competitive and access disputes , Public Notice CRTC 2000-65, 12 May 2000

[2] Expedited procedure for resolving competitive issues , Telecom Circular CRTC 2004-2, 10 February 2004

Agenda

Hearing to be held:

Friday, 5 September 2008

Salon Réal Therrien
7 th floor of the Central Building
Terrasses de la Chaudière
1 Promenade du Portage
Gatineau , Quebec

Additional logistics :

An audio link will be available throughout the hearing via the Commission's website at www.crtc.gc.ca

A participant's meeting room, adjacent to Salon Réal Therrien, will be available in:

Room 708
7th floor of the Central Building
Terrasses de la Chaudière
Gatineau, Quebec 

9:00 a.m.      Opening Remarks by the Hearing Chairperson

9:05 a.m. to 11:00 a.m.          

Applicant:        Ville de Baie Comeau
Respondent:     TELUS Communications Company
Regarding:        Application by the Ville de Baie-Comeau regarding a dispute with TELUS Communications Company (TCC) related to the costs for the relocation of TCC telecommunications facilities

Our file:             8690-B62-200805286 

Opening Remarks:
Ville de Baie-Comeau                             10 minutes
TELUS Communications Company         10 minutes 

Questioning:
By the Commission
By the Ville de Baie-Comeau                   20 minutes
By TELUS Communications Company     20 minutes
By the Commission

Closing remarks:
TELUS Communications Company          10 minutes
Ville de Baie-Comeau                              10 minutes

Hearing adjournment

Date Modified: 2008-07-23
Date modified: