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Ottawa, 16 March 2009

 

File No.:   8622-C122-200816606

 

By email

 

Mr. Marcel Mercia
Chief Operations Officer
Cybersurf Corporation
330 West Tower, 1144-29 th Ave. NE
Calgary, Alberta
T2E 7P1
marcel.mercia@cia.com

 

Mr. Ken Engelhart
Senior Vice President – Regulatory
Rogers Communications Inc.
333 Bloor Street East
Toronto, Ontario
M4W 1G9
ken.engelhart@rci.rogers.com

 

Dear Mr. Mercia and Mr. Engelhart :

 

Re: Part VII Application - Enforcement of Rogers ' TPIA Tariff, TPIA Service Agreement and Rogers' General Tariff Terms of Service (Rights and Obligations)

 

The Commission is in receipt of the final reply from Cybersurf Corporation (Cybersurf) dated 25 February 2009 in the abovementioned application.

 

In order to deal with this dispute in the most expeditious manner possible, the Commission sets out the following process.

 

1) Within 10 days of the date of this letter,

a.   Cybersurf and Rogers are to confirm that the current billing dispute does not involve any period prior to March 2006; 

b.   using the Microsoft Excel spreadsheet provided in Table 1 of the Attachment to this letter, Cybersurf and Rogers are to file the information requested in that table with the Commission, with a copy to the other party;

c.   for each of August 2006 (billing for activity of July 2006), January 2007 (billing for activity of December 2006), December 2007 (billing for activity of November 2007) and July 2008 (billing for activity of June 2008) Cybersurf is to provide all calculations used to determine the amounts shown in the column of Table 1, Section B titled “ Cybersurf 's view of the correct amount owing $”.

2) Within 20 days of the date of this letter, Cybersurf is to file with the Commission, with a copy to Rogers , its disputed billing amounts for each of August 2006, January 2007, December 2007 and July 2008.  At a minimum and to the extent the information requested is available, for each of these four months and for each disputed amount, Cybersurf is to complete the Microsoft Excel spreadsheet in Sections A and B of Table 2 of the Attachment to this decision. Cybersurf's submission should include all supporting documentation. 

 

3) Within 10 days of receiving the Microsoft Excel spreadsheets completed by Cybersurf in response to 2) above, Rogers is to file its response to Cybersurf 's submissions with the Commission, with a copy to Cybersurf . At a minimum, and to the extent the information requested is available, Rogers is to complete Section C of the Microsoft Excel spreadsheet of Table 2 provided by Cybersurf for August 2006, January 2007, December 2007 and July 2008.  Rogers ' submission should include all supporting documentation.

 

4) After reviewing the information provided, the Commission will make a decision on the need for further information and will determine further process.

 

Where a document is to be filed by a specific date, the document must be actually received, and not merely sent, by that date. Copies of the documents should also be sent to the following email addresses:   rachelle.frenette@crtc.gc.ca and danny.moreau@crtc.gc.ca .

 

Yours sincerely,

 

Original signed by

 

Mario Bertrand
Acting Director
Competition Implementation and Technology
Telecommunications

 

cc:   R. Frenette, CRTC (819) 994-0245, rachelle.frenette@crtc.gc.ca  
       D. Moreau, CRTC (819) 953-5672, danny.moreau@crtc.gc.ca

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