ARCHIVED - Letter
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Michael Hennessy
Senior Vice-President
Regulatory & Government Affairs
TELUS Communications Corporation
215 Slater Street, 8th Floor
Ottawa, Ontario
Canada K1P 0A6
Re: Proceeding to consider the compliance of Globalive with the ownership and control regime, Telecom Notice of Consultation CRTC 2009-429
Dear Sir,
1. The Commission is in receipt of your application dated 27 July 2009. In that application, TELUS Communications Company (TELUS) requests that the Commission supplement the procedures established in Proceeding to consider the compliance of Globalive with the ownership and control regime, Telecom Notice of Consultation CRTC 2009-429 (NC 2009-429) in order to more fully define the participatory rights of third parties.
2. In particular, TELUS requests that the Commission issue directions concerning the procedures for the filing of confidentiality claims and requests for disclosure and the procedures with respect to the oral phase of the proceeding initiated by NC 2009-429 (the NC 2009-429 proceeding).
3. With respect to the filing of confidentiality claims and requests for disclosure, the Commission does not intend to issue directions on procedure. In accordance with paragraph 5 of NC 2009-429, Globalive Wireless Management Corporation (Globalive) has filed for the public record, a confidentiality claim in relation to documentary evidence already filed with the Commission, along with detailed reasons in support of that claim. As noted at paragraph 6 of NC 2009-429, a determination will be made with respect to any such claim by 6 August 2009. Further, as indicated in a letter issued to Globalive dated 30 July 2009, the Commission intends to issue interrogatories to Globalive on 4 August 2009, the responses to which are due on 14 August 2009. Globalive may claim confidentiality with respect to some portion of those responses.
4. Given the above, it is most appropriate and efficient that any request for the disclosure of information over which confidentiality has been claimed by Globalive should only be made after those interrogatory responses have been filed. Therefore, any such request for disclosure should be filed with the Commission and served on Globealive on 17 August 2009, accompanied by argumentation as to why the person requesting disclosure considers that they have a right to make such a request. Globalive will have until 19 August 2009 to reply to any such disclosure request. It is not intended that the deadline for filing comments will be extended in the event that a disclosure request is received.
5. Finally, TELUS' request that the Commission provide supplemental procedures respecting the oral phase of the NC 2009-429 proceeding is premature. The Commission intends to provide further details with respect to the conduct of the oral phase of the NC 2009-429 proceeding at a later date. However, it is intended that the participation of any third party who will be invited to appear in the oral phase of the NC 2009-429 proceeding will be limited to oral submissions as well as responding to questions that the Commission may have, and that such a party will not be afforded an opportunity to question Globalive.
Yours truly,
ORIGINAL SIGNED BY:
Lyne Renaud
Director, Ownership & Acquisitions
cc: Simon Lockie, Globalive
Parties to Telecom Notice of Consultation CRTC 2009-303
PCDocs 1249751
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