ARCHIVED - Letter
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Ottawa, 23 September 2009
Our file No: 8661-O40-200911778
Ms. Cindy Quigley
President
On Call Internet Services Ltd.
1158-8th Street
Kamloops, BC V2B 2Y2
cindy@ocis.net
Dear Ms. Quigley:
Re: Part VII Application by On Call Internet Services Ltd. for Urgent and Expedited Relief against Service Suspension and Disconnection by TELUS Communications Company
On 19 August 2009, On Call Internet Services Ltd. (On Call) filed a Part VII application with the Commission. On Call submitted that TELUS Communications Company (TCC) had filed a notice of intent to terminate all services provided to On Call on 29 August 2009. In its application, On Call requested various interim relief.
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.
On 27 August 2009, the Commission issued a letter to On Call and TCC. In that letter, the Commission ordered 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 and, in this regard, modified the process set out in the CRTC Telecommunications 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 comments with regard to TCC’s comments, including any supplementary comments filed in accordance with the above, serving a copy on TCC.
TCC did not file supplementary comments, but on 14 September 2009 On Call filed reply comments as per the Commission’s 27 August 2009 letter.
On 21 September 2009, On Call further filed supplemental information, indicating that there had been fundamental changes in circumstance that required the filing of additional information with the Commission. On 22 September 2009, On Call filed an amended version of their supplemental filing (On Call’s supplemental filing).
Commission staff notes that On Call’s supplemental filing was filed with the Commission 7 days past the deadline for comments provided for in the Commission’s 27 August 2009 letter. Commission staff further notes On Call’s allegation that its supplemental filing was rendered necessary by fundamental changes in circumstance since its 14 September 2009 filing. In this regard, Commission staff notes that the purported change in circumstance allegedly originated in TCC’s 26 August 2009 filing, which information was served on On Call. As such, Commission staff considers that On Call had the opportunity to provide comments within the existing process on the issues raised in its supplemental filing. Commission staff is accordingly of the view that On Call has not demonstrated that there has been a fundamental change in circumstance since its 14 September 2009 filing that warrants departure from the process set out in the Commission’s 27 August 2009 letter.
In light of the above, Commission staff is returning On Call’s supplemental filing.
With regard to further process, the Commission will not consider the content of On Call’s supplemental filing when it renders its final determination. Commission staff, however, does anticipate issuing interrogatories to the parties in order to build a sufficient record to allow the Commission to dispose of On Call’s request for interim relief.
Yours sincerely,
Original signed by Kim Wardle on behalf of Mario Bertrand
Mario Bertrand
Competition Implementation and Technology
Telecommunications
cc: Kevin Pickell, CRTC, kevin.pickell@crtc.gc.ca
Eric Bowles, CRTC, eric.bowles@crtc.gc.ca
TELUS Communications Company, regulatory.affairs@telus.com
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