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Ottawa, 5 May 2009
File No.: 8644-S9-200903618
By E-mail
Jean Brazeau
Senior Vice President, Regulatory Affairs
Shaw Cablesystems Limited
Suite 900, 630-3rd Avenue S.W.
Calgary, Alberta
T2P 4L4
Regulatory@sjrb.ca
Dear Mr. Brazeau:
Re: Part VII Application by Shaw Cablesystems Limited and Shaw Telecom G.P. regarding access to eleven (11) multi-dwelling units developed by Concord Pacific Group Inc. and enforcement of CLEC and undue preference obligations on Novus Entertainment Inc.
On 16 February 2009, Shaw Cablesystems Limited filed the above application. Commission staff notes that the factual situation in Shaw’s 16 February 2009 application is similar to the factual situation that resulted in Shaw Communications Inc. seeking access to Concord Pacific Group Inc.'s Coopers Quay development, Telecom Decision CRTC 2008-69, Broadcasting Decision CRTC 2008-166, 8 August 2008 (Telecom Decision 2008-69 and Broadcasting Decision 2008-166). In that Decision, the Commission denied the relief requested by Shaw.
Commission staff notes that the relief requested by Shaw in its 16 February 2009 application is identical to the relief requested in the application that resulted in Telecom Decision 2008-69 and Broadcasting Decision 2008-166, except that in its 16 February 2009 application Shaw requested an order:
- declaring that Novus Entertainment Inc. (Novus) is in breach of the CLEC obligations, entry obligations and entry procedures, including the multi-dwelling unit (MDU) access condition, and ordering Novus to cease further marketing and selling of its digital telephone service to customers until it has complied with all of the CLEC obligations, pursuant to section 24 of the Telecommunications Act; and
- declarits non-discriminatory access by all LECs operating in the area that have requested accessing that no LEC may serve a Concord Development until Concord Pacific Group Inc. (Concord) perm to the Concord Development
With respect to the request for an order declaring that Novus is in breach of the CLEC obligations, Commission staff notes that Novus has filed documentation which is required to ensure that it meets the CLEC obligations. When this documentation is approved by the Commission, Novus will have CLEC status and will be required to adhere to all the obligations set out in Provision of telecommunications services to customers in multi-dwelling units, Telecom Decision CRTC 2003-45, 30 June 2003. Commission staff considers that Shaw’s request has been addressed.
Shaw also requested that the Commission declare that no LEC may serve a Concord Development until Concord permits non-discriminatory access by all LECs operating in the area that have requested access to the Concord development. Commission staff notes that this issue is similar in substance to that dealt with in Shaw Communications Inc. seeking non-discriminatory access to multi-dwelling units developed by Concord Pacific Group Inc. and enforcement of the undue preference and inside wire obligations on Novus Entertainment Inc., Telecom Decision CRTC 2007-69 and Broadcasting Decision CRTC 2007-288, 10 August 2007. In that Decision, the Commission stated that it would be inappropriate to make a broad order directing Novus to cease providing service to new customers at Concord-developed MDUs until Novus had ensured that Shaw had the same ability as Novus to serve end-users at the MDU. The Commission stated that in its view, doing so would cause customers to suffer the loss of cable television and Internet services. The Commission was of the view that customers should not be made to suffer because of the behaviour of Novus. Commission staff is of the view that the same rationale applies in this case.
Commission staff has carefully reviewed the record and is of the view that Shaw has failed to raise issues that would justify the Commission having to address Shaw’s application. Accordingly, the file relating to this matter is closed.
Yours sincerely,
Original signed by
Paul Godin
Director General, Competition, Costing & Tariffs
Telecommunications
c.c.:
Shaw Communications Inc. - Regulatory@sjrb.ca
Concord Pacific Group Inc. – info@concordpacific.com
Novus Entertainment In. - donna.robertson@novusnow.ca
TELUS Communications Company - regulatory.affairs@telus.com
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