ARCHIVED - Letter
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Ottawa, 26 March 2009
File No.: 8622-C12-200807787
BY E-MAIL
Mr. David Wilkie
Regulatory Analyst
TBayTel
david.wilkie@tbaytel.com
- and -
Mr. Jean Brazeau
Vice President, Telecommunications Regulatory Affairs
Shaw Communications Inc.
regulatory@srjb.ca
Dear Sirs:
Re: TBayTel – Shaw Partial Systems Agreement
In its letter dated 4 June 2008, Commission staff set out a process to establish the terms and conditions of the Partial System Agreement (PSA) that has been outstanding between TBayTel and Shaw for some time. This process was to terminate at the latest on 7 July 2008, but the Commission received further submissions from the companies on 17 and 22 July 2008 showing that complete agreement on the wording of the PSA had not yet been reached between the companies. Commission staff notes, however that very few issues remain to be resolved.
Commission staff notes that TBayTel has not provided any rationale for its PSA wording preferences, and that Shaw has only stated its preferences without providing any meaningful justification. Staff considers that none of the wording proposed by either company for the unresolved sections appears to disadvantage the other party, and either proposal for these individual textual choices may in fact suffice to complete the PSA.
In order to bring closure to this process, Commission staff is attaching a revised version of the PSA for the companies to execute. This PSA is for the most part based on the wording agreed to by the companies. Where they differed, Commission staff has either selected the wording proposed by one of the companies or has proposed new wording. Commission staff has also corrected some spelling and formatting errors, but notes that some such errors may remain. Staff also notes that there are references in the draft PSA to attached maps, and to charges “as specified below” or “set out” in a schedule which do not appear in the specified sections. On the assumption that the information will be included by the parties before the agreement is signed, staff has not removed these references.
Both companies are now to execute the PSA for Commission approval by no later than 29 April 2009. Should both companies agree to further changes and/or improvements to the PSA, they may make such revisions to the PSA before it is executed by either company and return it by that date.
Yours sincerely,
‘Original signed by S. Bédard’
Suzanne Bédard
Senior Manager
Tariffs
Telecommunications
c.c.: Brendan Keown CRTC (819) 953-4720
- Date modified: