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Ottawa, 7 August 2009

File No.:  8640-T8-200906167

BY E-MAIL

Mr. Jean Brazeau

Vice President, Telecommunications

Shaw Telecom G.P.

Brookfield Place

181 Bay Street, Suite 4210

Toronto, Ontario  M5J 2T3

regulatory@sjrb.ca

Mr. Robert Olenick

Regulatory Analyst, TBayTel

1046 Lithium Drive

Thunder Bay, Ontario  P7B 6G3

Rob.olenick@tbaytel.com

Dear Mr. Brazeau and Mr. Olenick:

Re:  Part VII application for forbearance from the regulation of business local exchange services in Thunder Bay, Ontario

On 29 July 2009, the Commission received answers from Shaw Telecom G.P. (Shaw) to questions issued by the Commission on 27 July 2009 as part of the above-mentioned Part VII application by TBayTel.  On 31 July 2009, TBayTel submitted its final reply comments.

The Commission requires further information in order to assess TBayTel’s above-mentioned application.  TBayTel and Shaw are therefore requested to provide responses to the following questions by 14 August 2009.

Questions for TBayTel

1) At paragraph 12 of its 29 July 2009 submission, Shaw indicated that it was “[…] unable to address an area containing a very large portion of the business addresses within the Thunder Bay exchange.  This unserved area is identified as the north and south side of the Harbour Expressway between Balmoral and Memorial”.  Please submit the estimated number of network access lines (NAS) currently provisioned by TBayTel in this specific area.

2) Please identify any other business parks located within the Thunder Bay exchange, as well as the total number of NAS currently provisioned by TBayTel for each of these business parks.

Questions for Shaw

In paragraph 8 of its letter dated 29 July 2009, Shaw states that: “Shaw started offering the Small Office Home Office (SOHO) service… in Thunder Bay exchange on June 22, 2009.”  In paragraph 12 of the same letter, Shaw states that: “...- if Shaw offered business local exchange services – we would be capable of serving no more that 65% of the local exchange lines…”

1)  Provide rationale and factual information as to why Shaw does not consider its SOHO product as a business local exchange service other than the fact that in the Thunder Bay exchange SOHO is provided on Shaw’s residential coaxial network.

2)  Provide the estimated number of business lines in the Thunder Bay exchange that Shaw is capable of serving with its SOHO service.

Where a document is to be filed by a specific date, the document must be actually received, and not merely sent, by that date.

Yours sincerely,

Original signed by

Mario Bertrand

Director, Competition Implementation and Technology

Telecommunications

c.c.:  Alexander Adeyinka, Rogers Cable Communications Inc.

rci.regulatory@rci.rogers.com

Teresa Griffin-Muir, MTS Allstream Inc.

iworkstation@mtsallstream.com

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