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Ottawa, 25 September 2009

Our Reference:  8661-M59-200902702

BY E-MAIL

Mr. David Palmer

Director, Regulatory Matters

Bell Canada

160 Elgin Street, 19th Floor

Ottawa, Ontario  K2P 2C4

bell.regulatory@bell.ca 

Re:  MTS Part VII Application Concerning Competitor Digital Network (CDN) Services Provided in Theoretical Wire Centres

Dear Mr. Palmer:

Please find attached an interrogatory related to MTS Allstream’s Part VII application dated 3 February 2009. 

A response to this interrogatory is to be filed with the Commission and served on MTS Allstream and Rogers Communications Inc. by 15 October 2009.

Yours sincerely,

Original signed by

Yvan Davidson

Senior Manager, Competitor Services and Costing

Telecommunications

cc:  Patrick Owens, CRTC (819) 953-7159, patrick.owens@crtc.gc.ca 

      MTS Allstream, iworkstation@mtsallstream.com 

      Rogers Communications, alexander.adeyinka@rci.rogers.com

Attachment (1) Attachment

Interrogatory

Article 19.1 of Bell Canada’s Terms of Service stipulates that in the case of a recurring charge that should not have been billed or that was overbilled, a customer must be credited with the excess back to the date of the error, provided the customer disputes the charge within one year of the date of the bill. Further, Article 19.3 of Bell Canada’s Terms of Service stipulates that a customer who is credited with an amount that should not have been billed or was overbilled must also be credited with interest on that amount at the rate payable for interest on deposits that applied during the period in question.

In its Part VII application dated 3 February 2009, MTS Allstream Inc. submitted evidence that disputed the application of interexchange channel charges to Competitor Digital Network (CDN) accesses provided in Bell Canada’s theoretical wire centres as early as November 2002, and that Bell Canada acknowledged the dispute in November 2002.

In the event that Bell Canada was required to refund the interexchange channel charges applied to CDN accesses provided in theoretical wire centres to all affected competitors, in accordance with the company’s Terms of Service, provide an estimate of the refund to which Bell Canada would be liable before and after the application of interest charges and provide the assumptions used to calculate the estimate.

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