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Ottawa, March 17, 2009
File No.: 8644-S9-200903618
BY E-MAIL
Ms. Donna L. Robertson
Co-President and Chief Legal Officer
Novus Entertainment Inc. À
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, an order for access to 11 multi-dwelling-units (MDUs) in various stages of planning and construction by Concord Pacific Group Inc. pursuant to section 42 of the Telecommunications Act and 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).
The Commission notes that Novus is a cable carrier licensed to operate as a Class 1 cable broadcasting distribution undertaking (BDU) serving Metro Vancouver, British Columbia [1] and that Novus is registered with the Commission as a non-dominant carrier. The Commission notes that Novus is not listed on the CRTC website as a registered CLEC (or as a proposed CLEC).
By letter dated 23 February 2009, Commission staff requested that Novus verify whether it is offering digital telephone service.
By letter dated 2 March 2009, Novus confirmed that it is offering digital telephone service. Novus acknowledged that it would be necessary for it to be registered as a Type IV CLEC and has initiated the process with the Commission. Novus stated that it has not as yet made the service available to its entire customer base and requested that the Commission exercise its discretion to allow Novus to continue to provide its digital telephone service on this restricted and preliminary basis while it completes the CLEC registration process. Novus stated that it has provided notice of its intention to register and will undertake to complete the process by 31 March 2009.
The Commission notes pursuant to Telecom Decision 2005-28, Novus must conform to the CLEC entry procedures set out in Local Competition, Telecom Decision CRTC 97-8, 1 May 1997 (Decision 97-8) and subsequent decisions that have modified the requirements set out in Decision 97-8.
Based on the evidence presented by Shaw in its application and confirmed by Novus in its 2 March 2009 letter, the Commission determines that Novus is offering local exchange services in violation of the CLEC obligations. Therefore, Novus is directed to immediately cease offering local exchange services to new customers until such time as the Commission has confirmed that Novus has met its CLEC obligations. If N ovus has not filed all information and documents required to meet its CLEC obligations by 31 March 2009, the Commission intends to issue an order directing Novus:
- to begin the process to cease providing local exchange services to its existing customers and ensure that they are connected to another CLEC or ILEC and to pay Service Charges for those customers in accordance with the rates charged by the CLEC or ILEC.
The Commission further reminds parties that any response to Shaw's application must be filed by 18 March 2009. 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,
Original signed by
Robert A. Morin
Secretary General
cc: Shaw Communications Inc. - Regulatory@sjrb.ca
Concord Pacific Group Inc. - info@concordpacific.com
TELUS Communications Company - regulatory.affairs@telus.com
[1] Class 1 cable broadcasting distribution undertaking in Metro Vancouver - Short-term licence renewal and licence amendments, Broadcasting Decision CRTC 2008-230, 28 August 2008.
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