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Ottawa, 23 February 2009
File No.: 8644-S9-200903618
BY E-MAIL
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 Application by Shaw Cablesystems Limited and Shaw Telecom G.P. regarding access to eleven (11) multi-dwelling units developed by Concord Pacific Group Inc. and enforcement of CLEC and undue preference obligations on Novus Entertainment Inc.
On 16 February 2009, Shaw Cablesystems Limited and Shaw Telecom G.P. (Shaw) filed an application seeking, among other things, a declaration that Novus Entertainment Inc. (Novus) is in breach of the competitor local exchange carrier (CLEC) obligations as set out in Regulatory Framework for voice communications services using Internet Protocol , Telecom Decision CRTC 2005-28, 12 May 2005, as amended by Telecom Decision CRTC 2005-28-1, 30 June 2005 (Telecom Decision 2005-28).
In support of its position, Shaw stated that according to Novus' website ( http://www.novusnow.ca/print/building_status/full_list.php ), Novus' digital telephone service is available in 60 buildings in Vancouver .
Novus is registered with the Commission as a non-dominant carrier but not as a CLEC nor as a proposed CLEC.
Pursuant to section 8 of the CRTC Telecommunications Rules of Procedure (the Rules), Novus is directed, by 2 March 2009, serving copies on all other parties, to verify whether or not it is offering digital telephone service in Vancouver and to explain why it has not registered as a CLEC, in accordance with Telecom Decision 2005-28.
With respect to the other matters raised in Shaw's application, the time period for the filing of an answer is 18 March 2009, pursuant to section 59 of the Rules.
Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.
Yours sincerely,
Mario Bertrand
A/Director, Competition Implementation and Technology
Telecommunications
cc: Shaw Communications Inc. - Regulatory@sjrb.ca
Concord Pacific Group Inc. - info@concordpacific.com
TELUS Communications Company - regulatory.affairs@telus.com
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