ARCHIVED - Notice to appear at a hearing - Globalive

Ottawa, 10 September 2009

Lisa Goetz

Globalive Communications Corp.

48 Young Street

Suite 1200

Toronto, ON M5E 1G6

lisagoetz@globalive.com

Dear Ms. Goetz:             

As was noted in Telecom Notice of Consultation 2009-429, your presence is required at the hearing being held at the Salon Réal Therrien, 7th floor of the Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec, commencing on Wednesday, 23 September 2009 at 9:00 a.m.   The hearing is expected to last two days.

Please note that the hearing will be conducted in two parts.

Part 1 – Public Session

During the first part of the hearing, the Commission will hear presentations from Globalive Wireless Management Corp. (Globalive) and all interested parties invited to participate in the oral session of the NC 2009-429 proceeding (the appearing interested parties). Each presentation will be followed by questions from the Hearing Panel. Globalive and all appearing interested parties will also be provided with an opportunity to present oral concluding argument.

The public session will consist of discussion related to material that forms part of the public record of this proceeding.

Part 2 – In Camera Session

The second part of the hearing will be conducted in camera , with only the Hearing Panel, Commission Staff and representatives from Globalive present. At this stage, all members of the public, including the appearing interested parties, will be asked to leave the hearing room.

The in camera session will be limited to a discussion of material that Globalive has designated as confidential and which has not been ordered by the Commission to be disclosed.

The Commission acknowledges TELUS Communication Company's (TELUS) letter dated 1 September 2009, in which TELUS requested that the outside counsel of the appearing interested parties be permitted to be present during the in camera session, as well as Globalive's response to that request dated 4 September 2009.

The Commission notes that ownership and control reviews, such as the current one, are not adversarial in nature. As noted in a Commission staff letter dated 19 August 2009 , in NC 2009-429, the Commission indicated that third party participation in this proceeding will be permitted in order for the Commission to further its completion and testing of the evidentiary record.

While it is recognized that the interested parties have an interest in these proceedings, that interest does not support their presence in the in camera session, either directly or indirectly through their outside counsel. The Commission considers that interested parties are being afforded the opportunity to participate meaningfully in the NC 2009-429 proceeding.

As noted above, the scope of the in camera session will be limited to discussion related to information designated as confidential in accordance with section 39 of the Telecommunications Act, which has not been ordered by the Commission to be disclosed.

Should the in camera session include discussion in respect of information which can be made public, the Commission will place on the public record as soon as practical a redacted transcript of the in camera session. Interested parties may comment on any material released as a result of this process, serving a copy on Globalive, within 3 business days following the release of the redacted transcript. Globalive may reply to any comments made, serving a copy on all interested parties to the NC 2009-429 proceeding, within 2 business days of their receipt. Documents to be filed and served must be received, not merely sent, by the date specified.

Order and Estimated Date of Appearance

The order and estimated date of appearance of the participants at the hearing are set out in the attached Schedule 1. The Commission will not amend the order of appearance, barring exceptional circumstances.

The Panel Members sitting at the hearing have reviewed participants' comments and therefore expect participants to briefly and clearly highlight what they consider to be the most important points of their comments.   To that end, Globalive will be granted a maximum of 45 minutes for its presentation, with concluding remarks limited to 15 minutes .

Participants are responsible for monitoring the progress of the hearing so that they will be aware of any Commission directives and ready to make their presentation when required, depending on the progress of the hearing. For example, some or all oral arguments may be required on the second day of the hearing.

Please note that an audio link will be available throughout the hearing on the Commission's website at www.crtc.gc.ca, except during the in camera session.

Please note that the Order of Appearance will also be available on the Commission's website at the following link: http://www.crtc.gc.ca/eng/process/2009/sep23_t.htm and may be updated prior to the hearing.

Responsibilities of Participants

Participants are required to provide, to the Secretary at the hearing, 20 copies of their oral presentation. Please note that you must advise the Hearing Secretary in advance of any audio-visual presentation (the duration of which must be included within the allocation time).

In addition to any other presenters it wishes to bring, Globalive must ensure the availability of a representative from Orascom Telecom Holdings S.A.E. (Orascom) who is able to speak authoritatively to the operational relationship between Orascom and Globalive and representatives from both Orascom and Globalive who can speak authoritatively as to the capitalization initiatives related to Globalive.

Participants must confirm their appearance and provide both the list and title of the proposed attendees and the seating plan of their presentation panel, by no later than Monday, 14 September 2009, either by email at hearing@crtc.gc.ca or by calling Cindy Ventura at 819-997-4547. Following confirmation of participants' attendance, the Commission will publish, if necessary, a revised order of appearance.

Yours sincerely,

Original signed by

John Keogh for /

Robert A. Morin

Secretary General

Attachment (1)

c.c.     Interested Parties to Telecom Notice of Consultation CRTC 2009-429

SCHEDULE 1

Proceeding to consider the compliance of Globalive

with the ownership and control regime

23 September 2009

Commission Headquarters

Central Building

Les Terrasses de la Chaudière

1 Promenade du Portage

7 th floor – room SRT
Gatineau , Quebec

Order and Estimated Date of Appearance

Date modified:

2009-09-10