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Ottawa, 19 March 2009
File No: 8620-U11-200901951
By E-mail
To: Distribution List
Re: Part VII Application - Union des consommateurs – Procedural Matters
Dear Sir or Madam:
This letter is in response to a request made by the Canadian Wireless Telecommunications Association (CWTA) in a letter dated 10 March 2009 and to the request made by TELUS Communications Company (TCC) in a letter dated 13 March 2009.
The CWTA stated that reply comments filed by l’Union des consommateurs (l’Union) on 9 March 2009 contained a substantial amount of new evidence and requested that the Commission either strike this new evidence from the record or provide interested parties thirty days to file an answer to the new evidence.
Rogers Communications Inc. (RCI) and TCC supported CWTA’s request. In addition, TCC requested that the Commission direct l’Union to file with the Commission and TCC, in confidence, the relevant information on complaints that relate specifically to TCC’s customers.
In response to these requests, l’Union disagreed that the information it had filed in its reply comments constituted new evidence. However, it did not object to allowing the wireless service providers and the CWTA to submit additional comments. L’Union also objected to TCC’s request for disclosure on the basis that the information in question had been provided to l’Union in confidence.
Commission staff considers that the information that l’Union submitted in its reply comments, and in particular the information contained in Appendices A to G, constitutes new evidence, and therefore should not have been introduced at the reply stage. However, Commission staff considers that this information contributes to a better understanding of the issues, and should therefore remain part of the record. As a result, parties should be afforded an opportunity to comment on the new evidence submitted by l’Union.
Accordingly, parties may file an answer to the new evidence contained in l’Union’s reply comments by 8 April 2009, copying all parties. L’Union may file reply comments by 20 April 2009, copying all parties. Commission staff notes that these reply comments should not contain any new information, including information regarding new consumer complaints l’Union has received.
With respect to TCC’s request for disclosure, Commission staff notes that some of the new information filed by l’Union relates to a complaint by a customer of TCC. Commission staff considers that TCC needs to know the identity of the customer in question in order to be able to comment meaningfully on this information. Commission staff further considers that any specific direct harm that might result from disclosing the identity of the customer to TCC is minimal. Commission staff therefore considers that the public interest in disclosure outweighs any specific direct harm that might result.
In light of the above, l’Union is to disclose to TCC, in confidence, the information filed in confidence in Appendix E by 25 March 2009.
Yours sincerely,
Original signed by John Macri
John Macri
Director, Telecom Policy
Telecommunications
c.c. R. Gauthier, CRTC, 819-994-5174
Encl.
Distribution list
Me Marcel Boucher, Union des consommateurs
Me Anthony Hémond, Union des consommateurs
Donald Woodford, Bell Mobility
J. David Farnes, Canadian Wireless Telecommunications Association
Dawn Hunt, Rogers Communications
Ted Woodhead, TELUS Communications
Kristina Gloge, TMG Americas
Bell Aliant
MTS Allstream
Vidéotron
SaskTel
Télébec
Virgin Mobile Canada
E-mail adresses:
union@consommateur.qc.ca; bell.regulatory@bell.ca; documentcontrol@cwta.ca; rwi_gr@rci.rogers.com; regulatory.affairs@telus.com; kristina@tmg-global.com; regulatory@bell.aliant.ca; iworkstation@mtsallstream.com; regaffairs@quebecor.com; document.control@sasktel.sk.ca; reglementa@telebec.com; denise.cooper@virginmobile.ca;
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