ARCHIVED - Telecom Commission Letter - 8644-N68-200715310

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Letter

Ottawa, 8 August 2008

File No.: 8644-N68-200715310
             8644-N68-200803438
             8644-N68-200804189

By email

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 

Dear Ms. Robertson:

Re:   Part VII applications by Novus Entertainment Inc. requesting non-discriminatory access to multi-dwelling units

The Commission has received the following applications submitted by Novus Entertainment Inc. (Novus) in which Novus requests non-discriminatory access to multi-dwelling units (MDUs):

  • 8644-N68-200715310 - Application seeking non-discriminatory access to multiple dwelling units developed by Pinnacle International (1188) Plaza Inc. and Pinnacle International (Ritz) Plaza Inc., 30 October 2007
  • 8644-N68-200803438 - Application seeking non-discriminatory access to multiple dwelling units developed by Millennium Properties Limited and related companies (Millennium), 3 March 2008

  • 8644-N68-200804189 - Application seeking non-discriminatory access to multiple dwelling units developed by Westbank Projects Corp., Westbank Developments 2001 Ltd., Westbank Holdings Ltd. (Westbank), 18 March 2008

As the basis for the relief it seeks in these applications, Novus invokes the Commission's determinations in Provision of telecommunications services to customers in multi-dwelling units , Telecom Decision CRTC 2003-45, 30 June 2003 (Decision 2003-45) regarding, among other things, the MDU access guidelines and the MDU access condition.  

The Commission notes that the MDU access guidelines and the MDU access condition established by the Commission in Decision 2003-45 apply to local exchange carriers (LECs) and were extended to Canadian carriers who are members of the Coalition of Hydro Telecom Service Providers (the Coalition) in Telecom Decision CRTC 2005-33, Application of Decision 2003-45 to the Coalition of Hydro Telecom Service Providers , 10 June 2005.    

The Commission notes further that Novus is not a LEC and not a member of the Coalition. Accordingly, the Commission is of the view that the determinations in Decision 2003-45 do not apply to Novus.

The Commission therefore denies the relief requested by Novus in the above applications.

Yours sincerely,

Original signed by

Robert A. Morin
Secretary General

c.c.:
Mr. Al Hathaway
Vice President - Construction
Pinnacle International
911 Homer Street
Suite 300
Vancouver, British Columbia   V6B 2W6
al@pinnacleinternational.ca

Mr. John Third
Fraser Milner Casgrain
15th Floor Grosvenor Building
1040 West Georgia Street
Vancouver, BC V6E 4H8
john.third@fmc-law.com

Mr. E. Neil Kornfeld, Q.C.
Barristers and Solicitors
1100 One Bentall Centre
505 Burrard Street
Box 11 
Vancouver, B.C.
V7X 1M5 
nkornfeld@kmslawyers.com

Date Modified: 2008-08-08
Date modified: