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Ottawa, 29 May 2009
File No.: 8661-C122-200815889
BY E- MAIL
Mr. Marcel Mercia
Chief Operating Officer
Cybersurf Corp.
300 West Tower, 1144-29th Ave. NE
Calgary AB T2E 7P1
marcel.mercia@cia.com
Dear Mr. Mercia:
Re: Cybersurf's 8 and 27 May 2009 submissions regarding Cybersurf application for relief against Bell Canada regarding certain billing practices and disconnection
On 30 April 2009, Commission staff issued a series of interrogatories to both Bell Canada (Bell) and Cybersurf in relation to the Part VII application filed by Cybersurf on 26 November 2008 regarding certain billing practices and disconnection by Bell. These interrogatories sought to clarify the nature of the billing dispute by excluding certain amounts that would have been billed by Bell and paid by companies prior to being acquired by Cybersurf (pre-acquisition amounts).
On 8 May 2009, Cybersurf filed its response to interrogatory Cybersurf(CRTC)30Apr09-1, and an attached spreadsheet titled Cybersurf(CRTC)30Apr09-1 Attach.xls which set out certain amounts allegedly owed by Bell . On 27 May 2009 , the Commission received a further submission from Cybersurf that included documentation to support the information filed on 8 May 2009 and to dispute the alleged amounts.
After reviewing Cybersurf's 27 May 2009 submission, Commission staff considers that some of the information provided is not directly responsive to the interrogatory set out in Commission staff's 30 April 2009 letter, which only sought post-acquisition amounts. Furthermore, Cybersurf put forward in its 27 May 2009 submission new information and facts related to post-acquisition amounts that would require further substantiation and clarification on the part of Cybersurf as well as require that Bell be given the opportunity to respond to this new information.
As a result, Commission staff considers it appropriate to consider the information provided in both these submissions only in so far as it is not new information or facts and it is directly responsive to the Commission staff's 30 April 2009 interrogatories.
Yours sincerely,
Original signed by
Yvan Davidson
Senior Manager
Competitor Services and Costing
c.c: Mr. Bill Abbott, Bell Canada., bill.abbott@bell.ca
Jonathan Daniels, VP – Regulatory Law, jonathan.daniels@bell.ca
Joey-Lynn Abdulkader, joey-lynn.abdulkader@bell.ca
Ms. Monica Song, Fraser Milner Casgrain LLP, monica.song@fmc-law.com
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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