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Ottawa, 6 February 2009

 

File No. 8662-M59-200817033

 

By E-mail

 

To: Distribution List

 

Dear Sir/Madam:

 

Re: MTS Allstream Inc. - Application to review and vary Telecom Decision 2008-57

 

By letter dated 30 January 2009, Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), Bell Canada, Saskatchewan Telecommunications (SaskTel) and TELUS Communications Company (TELUS) (collectively, the Companies) requested that the Commission should reject MTS Allstream Inc.’s (MTS Allstream) application of 18 December 2008 as an abuse of process without the need for parties to make submissions on the substance of the application.

 

By letter dated 2 February 2009, MTS Allstream requested that the Commission dismiss the Companies’ request, submitting, among other things, that the Commission has the power to revisit previous decisions as requested by MTS Allstream in the present matter.

 

Commission staff notes that MTS Allstream’s application asks the Commission to review and vary Telecom Decision 2008-57 in which the Commission denied applications by MTS Allstream that the Commission review and vary two decisions. The first decision was Telecom Decision 2007-80 in which the Commission denied MTS Allstream’s application that the Centrex and Enhanced Exchange Wide Dial (EEWD) tariffs be amended to permit customers to migrate without penalty to alternative service providers in certain circumstances. The second was Telecom Decision 2008-10 in which the Commission found that Centrex and EEWD services fall within the same relevant market as business local exchange services.

 

Commission staff has carefully reviewed the record and is of the view that MTS Allstream has not provided any relevant and compelling evidence to support its review and vary request. Further, Commission staff considers that MTS Allstream has failed to adduce evidence that would justify parties and the Commission having to address the substance of MTS Allstream’s application. Accordingly, the file relating to this matter has been closed.  

 

Yours sincerely,

 

Original signed by

 

Paul Godin
Director General, Competition, Costing & Tariffs
Telecommunications

 

Distribution List:
MTS Allstream Inc. - iworkstation@mtsallstream.com
Bell Canada - bell.rebulatory@bell.ca
Bell Aliant - Theresa.predham@aliant.ca
TELUS - regulatory.affairs@telus.com
SaskTel - document.control@sasktel.sk.ca

 

cc: PWGSC   -   Brenda.wyber@tpsgc-pwgsc.gc.ca
     Coalition of Communications Consumers – jennifer.mlong@gmail.com

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