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Ottawa, 27 August 2009
Our file No: 8661-O40-200911778
Ms. Cindy Quigley
President
On Call Internet Services Ltd.
1158-8th Street
Kamloops, BC V2B 2Y2
Mr. Ted Woodhead
Vice-President
Telecom Policy and Regulatory Affairs
TELUS Communications Company
215 Slater Street, 8th Floor
Ottawa, ON K1P 0A6
Dear Ms. Quigley and Mr. Woodhead:
Re: Part VII Application by On Call Internet Services Ltd. for Urgent and Expedited Relief against Service Suspension and Disconnection by TELUS Communications Company
The Commission is in receipt of an application, dated 19 August 2009, filed by On Call Internet Services Ltd. (On Call) pursuant to Part VII of the CRTC Telecommunications Rules of Procedure (Rules of Procedure). On Call submitted that TELUS Communications Company (TCC) has filed a notice of intent to terminate all services provided to On Call on 29 August 2009. In its application, On Call requested the following interim relief prior to 29 August 2009:
a. an order directing TCC to immediately withdraw its notice of intent to terminate services provided to On Call on 29 August 2009;
b. an order directing TCC to process new orders from On Call for existing services;
c. an order directing TCC to release excess deposit funds held over and above that which is permitted under tariff;
d. an order directing TCC to accept and deal with the billing disputes raised by On Call in accordance with TCC’s General Terms of Service; and
e. that the interim award be filed with the Federal Court of Canada.
On Call also requested that the Commission issue directives on procedure which would be shorter than the standard 30 days set out in the Rules of Procedure for Part VII applications. On Call further requested that the Commission grant a hearing into this matter.
On 26 August 2009, TCC filed comments with regard to On Call’s Part VII application in which it opposed the interim relief, as sought.
Given the imminent nature of the notice of intent to terminate services provided to On Call and the potential disruption of service to On Call’s customers, the Commission agrees with On Call that its request for interim relief must be dealt with expeditiously.
The Commission also considers that it must be provided with an opportunity to build a sufficient record and adequate time to properly consider the arguments raised by the parties involved in order to dispose of On Call’s application for interim relief. The Commission considers that a disconnection of services provided to On Call prior to a Commission decision on this matter would effectively frustrate the Commission’s process.
In light of the above, the Commission directs TCC to suspend its notice of intent to terminate services provided to On Call, pending a resolution of On Call’s request for interim relief.
The Commission further modifies the process set out in the Rules of Procedure for Part VII applications as follows:
- TCC may file, by no later than 8 September 2009, supplementary comments with respect to On Call’s request for interim relief, serving a copy on On Call.
- On Call may, by no later than 14 September 2009, provide reply comment with regard to TCC’s comments, including any supplementary comments filed in accordance with the above, serving a copy on TCC.
The above-established process is set out in order to allow the Commission to dispose of On Call’s request for interim relief. With regard to the underlying billing disputes, the Commission considers that On Call and TCC should make a concerted, good faith effort to resolve these disputes through alternative means, such as the ongoing third-party arbitration process.
Documents to be filed and served in accordance with the above process are to be received, not merely sent, by the dates indicated. Copies of the documents should also be sent to the following email addresses: kevin.pickell@crtc.gc.ca and eric.bowles@crtc.gc.ca.
Yours sincerely,
Original signed by Jim Stefanik / for
Robert A. Morin
Secretary General
cc: Kevin Pickell, CRTC, kevin.pickell@crtc.gc.ca
Eric Bowles, CRTC, eric.bowles@crtc.gc.ca
- Date modified: