ARCHIVED - Letter
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Ottawa, 30 April 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 AB T2E 7P1
Email: marcel.mercia@cia.com
Ms. Monica Song
Fraser Milner Casgrain LLP
99 Bank Street, Suite 1420
Ottawa ON K1P 1H4
Email: monica.song@fmc-law.com
Mr. Bill Abbott
Senior Counsel - Regulatory Law
Bell Canada
160 Elgin Street, 19 th Floor
Ottawa ON K2P 2C4
Email: bill.abbott@bell.ca
Dear Mr. Mercia, Ms. Song, and Mr. Abbott:
Re: Cybersurf application for relief against Bell Canada regarding certain billing practices and disconnection – revised responses excluding pre-acquisition amounts.
Bell Canada in its letter dated 21 April 2009 indicated that its responses to interrogatories 1, 2, 3, 10 and 14 set out in Commission's staff letter dated 2 April 2009 modified its previous submissions to integrate all pre-acquisition amounts billed and payments received.
Bell Canada is to file revised responses to the above noted interrogatories such that it excludes the pre-acquisition amounts billed and payments received for each of the following companies prior to Cybersurf's acquisition: Surf the Net ( STN ) acquired on 1 October 2004, Internet Gateway Services (IGS) acquired on 1 May 2005, and Cyberus acquired on 1 June 2003.
Also, the responses are to be provided in the format requested in the Commission's letter dated 2 April 2009. Furthermore, no further response to interrogatory 10c) relating to October 2006 is required.
Additionally, if in its revised response pursuant to this letter, the total invoiced amounts (including monthly billing adjustments), monthly billing adjustments, credits in addition to billing adjustments, and payments received are different from those provided in the company's response dated 2 February 2009 to interrogatory 1b) of the Commission's decision dated 29 January 2009, Bell Canada is to provide supporting rationale for the differences.
Bell Canada is to confirm that the uncredited amounts from Category 2 disputes identified in paragraph 10 of its 2 February 2009 cover letter used to determine the Cybersurf outstanding balance would continue to be used in determining the outstanding balance. If not, Bell Canada is to explain why not.
Cybersurf is to provide a revised response to interrogatories Cybersurf(CRTC)11Mar09 (Updated Table 1 - Cybersurf(CRTC)11Mar09-Attach Conf.xls, as amended in Cybersurf(CRTC)2 April 2009-2(a)(iv)AttachCONF.xls) and Cybersurf(CRTC)02Apr09-5 that exclude the pre-acquisition invoiced amounts and payments made for each of IGS, STN, and Cyberus.
In light of the above, Commission staff sets out the following process:
1) Bell Canada and Cybersurf are to file responses to the above interrogatories with the Commission serving a copy on each other, by 5 May 2009;
2) Cybersurf may file any comments with reference to Bell Canada's response to item 1) above, with the Commission serving a copy on Bell Canada, by 21 May 2009;
3) Bell Canada may file final comments (on all submissions in connection with this proceeding), with the Commission, serving a copy on Cybersurf, by 27 May 2009;
4) Cybersurf may file final reply comments (on all submissions in connection with this proceeding), with the Commission, serving a copy on Bell Canada, by 4 June 2009;
5) Staff further notes that Cybersurf has filed a letter dated 28 April 2009 disputing a number of accounts that are included in Bell Canada's submission filed 21 April 2009 that it did not recognise. Bell Canada is asked to provide its reply submission regarding the disputed accounts, serving a copy to Cybersurf by 4 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
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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