ARCHIVED - Letter

Ottawa, 9 December 2009

Our Reference:  8663-C12-200907321

BY E-MAIL

Interested Parties 2009-261

Dear Madams, Sirs:

Re:  Organization and conduct of the oral hearing

The Commission is scheduled to hold an oral hearing in connection with the above-noted proceeding commencing on Monday, 11 January 2010 at the Conference Centre, Phase IV, Outaouais Room, 140 Promenade du Portage, Gatineau, Quebec.

The purpose of this letter is to provide information to the parties on a variety of matters relating to the organization and conduct of the oral hearing.

Preliminary matter:  TekSavvy Solutions Inc.’s request that parties be allowed to cross-examine each other at the oral hearing.

By letter dated 24 July 2009, TekSavvy Solutions Inc. (TekSavvy) requested confirmation from the Commission that the oral hearing portion of the proceeding initiated by Telecom Notice of Consultation CRTC 2009-261 would provide parties and the Commission an opportunity to cross-examine witnesses under oath. TekSavvy’s request was supported by MTS Allstream Inc., The Public Interest Advocacy Centre, the Canadian Association of Internet Providers, Execulink Telecom, RipNET Limited, Accelerated Connections Inc., Managed Networks Services Inc., Telnet Communications, EGATE Networks, and the Quebec Coalition of Internet Service Providers and opposed by Rogers Communications Inc. (Rogers), Cogeco Cable Inc. (Cogeco), Quebecor Media Inc. on behalf of its affiliate Vidéotron Ltd. (QMI), and Shaw Communications Inc. (Shaw).

The Commission considers that parties have been provided with a reasonable opportunity to test the evidence of other parties in the course of the written portion of the proceeding through two rounds of written interrogatories. The Commission is of the view that cross-examination by parties at the oral hearing is not required to ensure a fair proceeding or a sufficient record. Accordingly, the Commission denies TekSavvy’s request.

However, as noted below, the Commission will allow parties to make oral submissions concerning the appropriateness of other parties’ positions and evidence as part of their opening presentations and oral rebuttal argument.

Sitting Schedule

The Commission intends to begin the hearing at 9:30 a.m. on Monday, 11 January 2010. The order and estimated date of appearance of the parties that have advised the Commission of their intention to appear at the hearing are set out in the attached Schedule 1.

In order to facilitate a more effective and efficient hearing, Schedule 1 provides that most participants are to appear as part of panels during both Phase I and Phase II of the hearing.

Participants are responsible for monitoring the progress of the hearing so that they are aware of any Commission directives and ready to make their presentation on the day scheduled or, if necessary, the day before or after their scheduled date of appearance, depending on the progress 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 .

Phase I:  Opening Presentations

Participants other than the Cable Carriers (as defined below) will each be granted a maximum of 25 minutes to make their opening presentation in Phase I of the oral hearing. Given that they have largely participated as a group to date in the proceeding, Rogers, Cogeco, QMI, Shaw and Bragg Communications Inc. (collectively the Cable Carriers) are strongly encouraged to present a joint opening presentation and oral rebuttal argument. Regardless of their choice, because of the commonality of their respective positions, the Cable Carriers will have one hour combined to make opening presentation(s). Participants’ opening presentations may include argument relating to the submissions and evidence of other parties to the proceeding.

Opening presentations will be followed by questioning from members of the Commission panel and, as appropriate, by Commission staff.

At a date closer to the hearing, the Commission may issue a letter setting out the issues to be focused on at the hearing in order to assist participants in preparing their presentations.

Participants may make use of audio-visual aids in their presentations. Participants that wish to employ an audio-visual aid are to contact Lynda Roy, Hearing Secretary by email at lynda.roy@crtc.gc.ca by no later than 5 January 2010, so that the necessary arrangements can be made.

Phase II:  Oral Rebuttal Argument

After the conclusion of Phase I, participants other than the Cable Carriers will each be provided a maximum of 15 minutes to make oral rebuttal argument in Phase II of the oral hearing. The Cable Carriers will be granted a maximum of 40 minutes to make oral rebuttal argument. During this phase, participants are to restrict their argument to addressing the submissions of other participants, following which Commission panel members and Commission staff may ask questions. Participants will proceed in the reverse order of appearance of the opening presentations set out in Schedule 1.

All participants must have appropriate representatives physically present for the entirety of Phase II of the hearing. Participants may be called upon at any time during Phase II to answer questions from members of the panel or Commission staff in light of another participant’s submissions in its rebuttal oral argument.

Post-Hearing Written Submissions

In accordance with the procedures established in Telecom Notice of Consultation CRTC 2009-261-6, the Commission reminds parties that they may file written final submissions on any matter within the scope of the proceeding by 29 January 2010 and replies by 12 February 2010 with the Commission, serving copies on all other parties.

Responsibilities of the Participants

Participants are required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn from the failure of a participant to bring all relevant documentation and knowledgeable personnel to the oral hearing.

For ease of translation and transcription and to assist the Panel members and Commission staff, parties are requested to bring 30 copies of their prepared remarks.

Record of Appearance

In order to assist the Commission, participants are asked to submit a record of appearance, including the names and positions of the representatives who will appear on behalf of the participant and the name, telephone number and email address of the participant’s chosen representative so that he or she can be contacted immediately preceding and during the public hearing. Parties are requested to file this information via e-pass, providing a copy to Lynda Roy, Hearing Secretary via e-mail at lynda.roy@crtc.gc.ca by Tuesday, 15 December 2009. This will enable the Hearing Secretary to contact parties, if necessary, to obtain information or to inform them of matters relating to the hearing.

Copies of Documents Filed

All parties are reminded that, with respect to all documents filed at the oral hearing (such as exhibits, proposed exhibits or responses to undertakings), 30 copies must be provided to the Hearing Secretary for the Commission's use.

At the same time, a copy of all such documents must be served on all other parties present at the oral hearing on the date the document is filed.

Sincerely,

Original signed by

Robert A. Morin

Secretary General

Schedule (1)

Distribution List - Interested Parties, Proceeding to consider the appropriateness of mandating certain wholesale high-speed access services, Telecom Notice of Consultation CRTC 2009-261, 8 May 2009

regulatoryaffairs@nwtel.ca;  bell.regulatory@bell.ca;  reglementa@telebec.com;  document.control@sasktel.sk.ca;  iworkstation@mtsallstream.com;  regulatory@bell.aliant.ca;  Regulatory.Matters@corp.eastlink.ca;  Regulatory@sjrb.ca;  marcel.mercia@cybersurf.com;  reglementation@xittel.net ;  regulatory@distributel.ca;  lisagoetz@globalive.com;  regulatory@primustel.ca;  telecom.regulatory@cogeco.com;  regaffairs@quebecor.com;  ken.engelhart@rci.rogers.com;  regulatory.affairs@telus.com;  crtc@mhgoldberg.com;  eric@rothschildco.com;  gfletcher@incentre.net;  berzins@nucleus.com;  babramson@mccarthy.ca;  regulatory@execulink.com;  ctacit@tacitlaw.com;  abriggs@cogeco.ca;  slavalevin@ethnicchannels.com;  crtc@les.net;  LBC_Consulting@live.ca;  andre.labrie@mcccf.gouv.qc.ca;  bob.Allen@abccomm.com;  ghariton@sympatico.ca;  lefebvre@rogers.com;  kirsten.embree@fmc-law.com;  bruce@brucebuchanan.net;  jonathan.holmes@ota.on.ca;  cataylor@cyberus.ca;  chris.allen@abccomm.com;  regulatory@vianet.ca;  piac@piac.ca;  tom.copeland@caip.ca ;  hemond@consommateur.qc.ca;  blackwell@giganomics.ca;  jhpratt@msn.com;  crtc@paul.ca;  pris@pris.ca ;  regulatory@lya.com;  Rocky@TekSavvy.com ;  dmckeown@viewcom.ca;  David.Wilkie@tbaytel.com; 

Schedule 1

Date modified:

2009-12-09