ARCHIVED - Letter

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Ottawa, April 15, 2009

File No.: 8661-C122-200815889

BY E- MAIL

Mr. Marcel Mercia
Chief Operating Officer
Cybersurf Corp.
300 West Tower, 1144-29 th 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
Senior Counsel - Regulatory Law
Bell Canada
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 - request for extension by Bell Canada

On 8 April 2009, the Commission received a letter from Bell Canada requesting a 21 day extension to respond to a number of interrogatories set out in Attachment 2 of Commission's staff letter dated 2 April 2009.

Bell Canada requested this extension based on its understanding of the level of detail sought by Commission staff and the resulting amount of work required to respond to these interrogatories. As a result, Bell Canada indicated that it needed clarification from Commission staff on the level of detail expected in the interrogatory responses. Additionally, Bell Canada indicated that it required certain preliminary information from Cybersurf in order for Bell to respond to at least one interrogatory, in particular the dates on which Cybersurf acquired certain companies.

On 9 April 2009, Cybersurf commented on Bell Canada 's request for an extension and also provided information regarding the acquisition dates of companies it acquired. In light of the above, Cybersurf submitted that an extension of no more than seven days, to 21 April 2009, for both parties to file responses to the remaining interrogatories would be reasonable. Cybersurf also requested that if an extension were granted, the remaining timelines referenced in the Commission staff letter dated 2 April 2009 be correspondingly adjusted.

In light of the above, Commission staff sets out the following process:

  1. Cybersurf is to file responses to the interrogatories in Attachment 1 of Commission's staff letter dated 2 April 2009 to the extent that Cybersurf has not already done so by way of its letter dated 9 April 2009, serving a copy on Bell Canada, by 23 April 2009.
  2. Bell Canada is to file responses to the interrogatories in Attachment 2 of Commission's staff letter dated 2 April 2009, to the extent that Bell Canada has not already done so by way of its letter dated 14 April 2009, serving a copy on Cybersurf, by 23 April 2009. Bell Canada is not required to respond to interrogatory 4d) as this interrogatory is being withdrawn.
  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 7 May 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 13 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 20 May 2009.

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 Mario Bertrand
for

Paul Godin
Director General
Telecommunications - Competition, Costing & Tariffs

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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