ARCHIVED - Letter
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Ottawa, April 2 2009
File No.: 8661-C122-200815889
By email
Mr. Marcel Mercia
Chief Operating
OfficerCybersurf Corp.
300 West Tower, 1144-29th Ave. NE
Calgary, Alberta
T2E 7P1
Email: marcel.mercia@cia.com
Ms. Monica Song
Fraser Milner Casgrain LLP
99 Bank Street, Suite 1420
Ottawa, Ontario
K1P 1H4
Email: monica.song@fmc-law.com
Mr. Bill Abbott
Bell Canada, Regulatory Department
160 Elgin Street, 19th Floor
Ottawa, Ontario
K2P 2C4
Email: bill.abbott@bell.ca
Dear Mr. Mercia, Mr. Abbott, and Ms. Song:
Re: Cybersurf application for relief against Bell Canada regarding certain billing practices and disconnection
On 29 January 2009, the Commission issued an interim order which set out a number of directions pending the resolution of the billing dispute between Cybersurf and Bell Canada. As part of this order, the Commission also indicated that it would make a decision on the need for further information and further process after reviewing the information submitted by the parties.
This letter hereby sets out the further and final process to address the matters raised by Cybersurf in its application filed with the Commission on 26 November 2008. As part of this process, Commission staff requests responses to the supplementary interrogatories set out in Attachments 1 and 2 to this letter.
Final Process
1) Cybersurf is to file its response to interrogatory 1 of Attachment 1 with the Commission, serving a copy on Bell Canada, by 3 April 2009. Cybersurf is to file responses to the remaining interrogatories in Attachment 1 with the Commission, serving a copy on Bell Canada, by 14 April 2009.
2) Bell Canada is to file responses to the interrogatories in Attachment 2 with the Commission, serving a copy on Cybersurf, by 14 April 2009.
3) Cybersurf may file any comments with reference to Bell Canada's response to item 2 above, with the Commission serving a copy on Bell Canada, by 27 April 2009.
4) Bell Canada may file final comments (on all submissions with regard to this proceeding), with the Commission, serving a copy on Cybersurf, by 4 May 2009.
5) Cybersurf may file final reply comments (on all submissions with regard to this proceeding), with the Commission, serving a copy on Bell Canada, by 11 May 2009.
Interrogatories with respect to sample months
As part of the interim order issued on 29 January 2009, the Commission had requested that Cybersurf provide the Commission with detailed account information for the following months: October 2003, October 2004, October 2007 and October 2008 (see 29 January 2009 letter, interrogatory 1c). Given the complexity and length of the billing dispute between Cybersurf and Bell Canada , the Commission requested this information in order to gather data which, in the Commission's view, could be representative of the nature of the dispute between Cybersurf and Bell Canada.
Since the issuance of these interrogatories, Commission staff notes that the data for the months of October 2003 and October 2004 is either not available to Cybersurf or cannot be provided on a complete basis. As a result, Commission staff has requested that Cybersurf provide detailed account information for the month of October 2006 as set out in "interrogatory 1" of Attachment 1 of this letter. This information will allow the Commission to make its determination based on a more complete and representative set of data. Documents to be filed and served in accordance with the above process are to be received, not merely sent, by the dates indicated. Copies of the documents should also be sent to the following email addresses: rachelle.frenette@crtc.gc.ca and nat.natraj@crtc.gc.ca.
Yours sincerely,
Original signed by
Yvan Davidson
Senior Manager, Competitor Services and Costing
c.c: R. Frenette, CRTC (819) 994-0245, rachelle.frenette@crtc.gc.ca
B. Natraj (Nat Natraj), CRTC (819) 953-5081, nat.natraj@crtc.gc.ca
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