ARCHIVED - Letter
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Ottawa, 13 February 2009
File No.: 8661-C122-200815889
By email
Mr. Marcel Mercia
Chief Operating Officer
Cybersurf Corp.
300 West Tower, 1144-29th Ave. NE
Calgary, Alberta T2E 7P1
Email: marcel.mercia@cia.com
Ms. Monica Song
Fraser Milner Casgrain LLP
99 Bank Street, Suite 1420
Ottawa, Ontario K1P 1H4
Email: monica.song@fmc-law.com
Mr. Bill Abbott
Bell Canada, Regulatory Department
160 Elgin Street, Floor 19
Ottawa, Ontario K2P 2C4
Email: bill.abbot@bell.ca
Dear Mr. Mercia, Mr. Abbott, and Ms. Song:
Re: Cybersurf application for relief against Bell Canada regarding certain billing
practices and disconnection – Request for interim relief
On 9 February 2009, the Commission received responses from Bell Canada and Cybersurf to the interrogatories set out in the Commission’s letter dated 29 January 2009.
Attached to this letter are two sets of interrogatories; the first set is to be responded to by Cybersurf, and the second set is to be responded to by Bell Canada.
Bell Canada and Cybersurf are to file responses to the interrogatories, serving a copy on each other, by 5:00 pm EST on 19 February 2009. It is noted that the due dates for the other information sought in the Commission’s 29 January 2009 letter remain unchanged.
Documents to be filed and served in accordance with the above process are to be received, not merely sent, by the dates indicated. Copies of the documents should also be sent to the following email addresses: rachelle.frenette@crtc.gc.ca and nat.natraj@crtc.gc.ca.
Yours sincerely,
Original signed by
Paul Godin
Director General
Telecommunications - Competition, Costing & Tariffs
c.c: R. Frenette, CRTC (819) 994-0245, rachelle.frenette@crtc.gc.ca
B. Natraj (Nat Natraj), CRTC (819) 953-5081, nat.natraj@crtc.gc.ca
Encl.
Attachment 1
Interrogatories to Cybersurf
1. At paragraph 7 of Cybersurf’s response dated 9 February 2009, Cybersurf states the following:
“Given that Bell had actual notice of Cybersurf’s disputation of each invoice and it has not yet initiated a claim for such amounts, the earliest point at which the current dispute could be said to have started would be two years prior to the date when Bell might ultimately initiate a proceeding to make its claim. In the alternative, the earliest point at which the dispute could be said to have started would be two years prior to Bell’s first submission to the CRTC on the issues raised in Cybersurf’s Application, namely 5 December 2008.”
Provide Cybersurf’s views on what limitations periods, if any, apply to the dispute in question, whether by virtue of Bell Canada’s Terms of Service and/or applicable limitations statutes. Provide supporting legal authority, rationale and details.
2. Provide, data that would be responsive to the Commission’s Interrogatory 1b) and attached Table 1, as outlined in the Commission’s letter dated 29 January 2009, for each month between January 2002 and May 2006.
3. Provide the same detail as provided in Appendix B of Cybersurf’s 9 Feb 2009 submission for October 2003 and October 2004. In addition, explain how the monthly credits provided by Bell Canada were accounted for in determining Cybersurf’s view of the corrected amount owing for October 2003, October 2004, October 2007 and October 2008.
4. Provide, data that would be responsive to the Commission’s Interrogatory 2 and attached Table 2, as outlined in the Commission’s letter dated 29 January 2009, for October 2003, October 2004, October 2007 and October 2008.
5. a) With respect to Table 1 in Appendix A of Cyberburf’s 9 Feb 2009 submission, provide the breakdown of the monthly billing information by account for each month between June 2006 and December 2008. Information by account should balance to the total provided for each month.
b) Further, with reference to the response to interrogatory 2 above, provide the breakdown of the monthly billing information by account for each month between January 2002 and May 2006 using the same Microsoft Excel spreadsheet table format. Information by account should balance to the total provided for each month.
Attachment 2
Interrogatories to Bell Canada
1. At paragraph 7 of Cybersurf’s response dated 9 February 2009, Cybersurf states the following:
“Given that Bell had actual notice of Cybersurf’s disputation of each invoice and it has not yet initiated a claim for such amounts, the earliest point at which the current dispute could be said to have started would be two years prior to the date when Bell might ultimately initiate a proceeding to make its claim. In the alternative, the earliest point at which the dispute could be said to have started would be two years prior to Bell’s first submission to the CRTC on the issues raised in Cybersurf’s Application, namely 5 December 2008.”
Provide Bell Canada’s views on what limitations periods, if any, apply to the dispute in question, whether by virtue of Bell Canada’s Terms of Service and/or applicable limitations statutes. Provide supporting legal authority, rationale and details.
2. With respect to Table 1 in Attachment 3 of Bell Canada’s 9 Feb 2009 submission, provide the breakdown of the monthly billing information by account for each month between January 2002 and December 2008 using the same Microsoft Excel spreadsheet table format. Information by account should balance with the total provided for each month.
3. Confirm that the billing information provided in Table 1 in Attachment 3 of Bell Canada’s 9 Feb 2009 submission includes those applicable to Surf the Net (STN) and Information Gateway Services (IGS). If yes, using the Microsoft Excel spreadsheet provided in Table 1 of the attachment to Commission’s letter dated 29 January 2009, provide the information for each of the accounts associated with STN and IGS for each month between January 2002 and December 2008.
4. Provide for the each month between January 2002 and December 2008 and each of the following as it relates to Cybersurf:
a)The total in-service ADSL demand at the beginning of the month,
b)The number of new installations, and
c)The number of disconnections.
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