ARCHIVED - Letter
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Ottawa, 1st May 2009
File No.: 8661-C122-200815889
BY EMAIL
Mr. Bill Abbott
Senior Counsel – Regulatory Law
Bell Canada
160 Elgin Street, 19th Floor
Ottawa ON K2P 2C4
Email: marcel.mercia@cia.com
Ms. Monica Song
Fraser Milner Casgrain LLP
1420-99 Bank Street
Ottawa ON K1P 1H4
Email: monica.song@fmc-law.com
Mr. Marcel Mercia
President and CEO
Cybersurf Corp.
300 West Tower
1144-29 th Avenue NE
Calgary AB T2E 7P1
Email: bill.abbott@bell.ca
Dear Mr. Abbott, Ms. Song and Mr. Mercia :
RE: Part VI Application by Cybersurf Corp. for relief against notice of disconnection delivered 16 April 2009 and expiring 23 April 2009 – Clarification of notice obligation to Cybersurf Corp.'s VoIP end-customers pending disconnection
Commission staff has received Bell Canada 's ( Bell ) letter dated 28 April 2009, in which Bell requests confirmation regarding its interpretation of the end-customer notification obligation set out in the Commission's Letter Decision dated 23 April 2009.
In that decision, the Commission stated that should Bell be entitled to terminate service, Bell and Cybersurf are to take reasonable measures to ensure that prior to terminating Cybersurf's VoIP subscribers located in Bell 's serving territory, these subscribers are given sufficient notice that their telephone service from Cybersurf will no longer be available to them.
Bell 's understanding of this requirement is that Bell is obligated to provide notice of a pending disconnection directly to Cybersurf's end-customers who receive a dry loop as part of the underlying service provided by Bell to Cybersurf. In addition, that Bell is to take reasonable steps to provide notice in a manner likely to come to the VoIP end-customer's attention and that Bell must take reasonable steps to attempt to contact all of Cybersurf's end-customers in advance to allow these customers to change service providers.
Cybersurf, in a letter dated 30 April 2009, responded by indicating that the obligation to notify Cybersurf's VoIP subscribers potentially includes those customers who are served by Cybersurf through the provision of high-speed internet access services, whether using underlying DSL or TPIA services. As such, VoIP customers are not limited to those who receive a dry loop as part of the underlying service provided by Bell . In addition, Cybersurf argues any reasonable steps to be taken by Bell prior to terminating Cybersruf's services cannot be taken prior to the expiry of a validly issued disconnection notice from Bell.
As indicated in the Commission's letter, the obligation to notify Cybersurf's VoIP end-customers is incumbent on both Bell and Cybersurf. However, the customers in question are those of Cybersurf. In addition, it is Cybersurf who has the best information as to which of its customers are currently receiving VoIP services. As a result, in the event of disconnection, Cybersurf has the primary responsibility to notify its customers that service will no longer be available to them. If disconnection is to occur, Bell is to ask Cybersurf if it has indeed notified its VoIP end-customers and can enquire as to the specific information included in such notices.
In the event that Cybersurf is unwilling or unable to notify its subscribers, that such a notice is deficient or incomplete or in the event that no response is received from Cybersurf within 48 hours of Bell's inquiry, then Bell is to notify those end-customers directly and may do so in accordance with the process that Bell has outlined in its 28 April 2009 letter. Bell is to use the best information it has in order to identify those customers who Bell believes currently receive VoIP services. Bell is to contact these Cybersurf customers directly only after a validly issued disconnection notice has expired and only in the circumstances described above.
Commission staff reminds both parties, that in the event of disconnection, the Commission's 23 April 2009 Letter Decision sets out certain determinations regarding the length of notice and the level of detail to be included in the notice and parties are to comply with these determinations.
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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