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Ottawa, 3 November 2009
File No. 8661-040-200911778
By E-mail
Ms. Cindy Quigley
President
On Call Internet Services Ltd.
1158-8th Street
Kamloops, BC, V2B 2Y2
Dear Ms. Quigley,
Re: Part VII Application against Misrepresentation Made on the Public Record by TELUS Communications Company
On 19 August 2009, On Call Internet Services Ltd. (On Call) made an application, pursuant to Part VII of the CRTC Telecommunications Rules of Procedure (the existing Part VII application), submitting 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 27 August 2009, the Commission issued a letter directing 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.
On 1 October 2009, Commission staff issued interrogatories to the parties to aid in the resolution of On Call’s request for interim relief. The interrogatory process ended on
26 October 2009, when TCC filed with the Commission its reply comments to On Call’s responses to interrogatories 4) and 5).
On 27 October 2009, On Call filed a new Part VII application (the new Part VII application), alleging that TCC’s reply comments filed on 26 October 2009 contained intentionally false information, and requesting urgent and expedited relief in response to TCC’s alleged intentional misrepresentation of material facts.
Commission staff notes that the issues raised by On Call in the new Part VII application relate to the dispute being considered in the existing Part VII application. Commission staff considers that running two parallel proceedings is an inefficient method of resolving the issues in question. Accordingly, Commission staff is closing the file related to the new Part VII application and returning that application to On Call.
However, Commission staff considers that On Call should have the opportunity to demonstrate how the allegations raised in the new Part VII application relate to On Call’s request for interim relief in the existing Part VII application.
Accordingly, if it so chooses, On Call may file a submission with the Commission as part of the existing Part VII application, serving a copy on TCC, by 6 November 2009. In its submission, On Call should explain how the issues raised in the new Part VII application directly relate to the issue of interim relief in the existing Part VII application, specifically with regard to the services currently being provided to On Call by TCC.
By no later than 12 November 2009, TCC may file with the Commission, serving a copy on On Call, its reply comments to On Call’s submission.
Where a party designates information filed with the Commission as confidential, pursuant to section 19 of the Rules of Procedure, it must provide the reasons for its claim for confidentiality at the time it files the information with the Commission. However, to the extent possible, parties are encouraged to provide to the other party to this proceeding a complete copy of materials that are filed. In the case of a confidential filing, if it chooses to do so, the other party has two days to make representations to the Commission, clearly stating why it considers the disclosure of the information filed in confidence is in the public interest, serving a copy on the party claiming confidentiality. The party claiming confidentiality will have two days to file a reply, serving a copy on the requesting party.
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
Mario Bertrand
Director
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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