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Ottawa, 19 June 2009


File No.: 8663-C12-200907321




Mr. Denis E. Henry


Regulatory & Government Affairs and Chief of Privacy

Bell Aliant Regional Communications, L.P.

160 Elgin Street , 19 th Floor

Ottawa ON   K2P 2C4

Subject: Telecom Notice of Consultation CRTC 2009-261, Proceeding to consider the appropriateness of mandating certain wholesale high-speed access services


Dear Mr. Henry:


The Commission is in receipt of a letter, dated 8 June 2009, from Bell Aliant Regional Communications, L.P. (Bell Aliant), seeking clarification on whether the determinations made in the above-noted proceeding will apply to Bragg Communications Inc., carrying on business as Eastlink (Bragg). Bell Aliant requested that Bragg be subject to the determinations of this proceeding, submitting among other things, that exclusion would delay competitive neutrality in the regions served by Bragg in that it would require a subsequent proceeding to examine potential inclusion of Bragg. By letter, dated 10 June 2009, Bell Canada supported Bell Aliant's request.


In its response, dated 11 June 2009, Bragg submitted that Bell Aliant's request should be denied.


The Commission notes that Bragg was made party to this proceeding and has been directed to file submissions as specified in the Notice of Consultation.


However, because Bragg is not subject to the existing wholesale regulatory framework of Telecom Decision 2008-17, consistent with the Commission's letter of 3 June 2009 with respect to an application by SaskTel concerning Access Communications Co-operative Limited, Bragg will not be subject to the determinations stemming from this proceeding.


The Commission further notes that, following the conclusion of this proceeding, it will direct other service providers to show cause why the determinations of this proceeding should not apply to them.




Original signed by John Keogh


Robert A. Morin,
Secretary General


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