ARCHIVED - Letter
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ABRIDGED
Ottawa, 23 December 2009
Our Reference: 8661-C122-200815889
BY E-MAIL
Mr. Mirko Bibic
Senior Vice-President
Regulatory & Government Affairs
Bell Canada
160 Elgin Street, 19th Floor
Ottawa, Ontario K2P 2C4
Mr. Marcel Mercia
Chief Operating Officer
Cybersurf Corp.
300 West Tower, 1144-29th Avenue NE
Calgary, Alberta T2E 7P1
Ms. Monica Song
Fraser Milner Casgrain LLP
99 Bank Street, Suite 1420
Ottawa, Ontario K1P 1H4
Dear Mr. Bibic, Mr. Mercia, and Ms. Song:
Re: Cybersurf application for relief against Bell Canada regarding certain billing practices and disconnection
On 9 December 2009, Bell Canada wrote to the Commission seeking that the Commission clarify the Commission staff letter dated 10 November 2009 (the Staff letter):
a) by confirming that the Staff letter represents a final Commission determination of all the issues raised by the parties in the Cybersurf Corp. (Cybersurf) application dated 26 November 2008 (the application);
b) ; and
c) by confirming that if Bell Canada suspends the disconnection process commenced with the 17 November 2009 disconnection notice pending the Commission’s determination of this application, Bell Canada may rely on the 17 November 2009 notice as fulfilling its obligation to provide initial notice of disconnection pursuant to Article 22.3 of the Terms of Service and that a new initial notice of disconnection is not required to continue the disconnection process for non-payment, if appropriate, after the Commission has issued its determination.
By letter dated 14 December 2009, Cybersurf responded to Bell’s letter. Cybersurf characterised staff’s letter as the culmination of an informal, confidential, staff-assisted mediation. In addition, Cybersurf raised a procedural fairness matter to the effect that certain informal discussions were held between staff with both parties separately. Cybersurf submitted that in order for the Commission to adopt any decision in this matter, it would be required to initiate a new proceeding and exclude any of the staff involved in the proceeding that led to the Staff letter. In its letter dated 15 December 2009, Bell Canada rejected the arguments raised by Cybersurf.
The Commission notes that the process leading to the Staff letter was initiated by Cybersurf on 26 November 2008 through the filing of a formal Part VII application. As a result of Cybersurf’s Part VII application, an extensive written record was gathered, including numerous submissions by both parties. In addition, the Commission issued a number of interim orders throughout this proceeding in order to assist the parties. At no time did staff attempt to bring the parties together to come to an agreement with respect to the matters raised in the proceeding. Further, all of the findings in the Staff letter are based on the written evidence filed by the parties on the record of the proceeding. Accordingly, the Commission disagrees with Cybersurf’s characterization of the process that led to the Staff letter as the culmination of a staff-assisted mediation process. Further, the Commission disagrees with Cybersuf’s request that a new proceeding must be initiated before the Commission can issue its final rulings in this proceeding.
The Commission intends to rule on a final basis with respect to the issues at stake in this proceeding, based on the extensive written record generated to date, the submissions filed by Bell Canada dated 9 December 2009, Cybersurf’s response dated 14 December 2009 as well as Bell Canada’s reply dated 15 December 2009. In addition, to ensure that the parties have the fullest opportunity to make their case, the Commission will allow the parties to have a further round of final comments and reply comments, which will also form part of the record on which the final determinations will be made. The deadlines for this additional process are as follows:
- Bell and Cybersurf are to file final comments with the Commission, serving the other party, no later than 11 January 2010;
- Bell and Cybersurf are to file reply comments with the Commission, serving a copy on each other, no later than 18 January 2010.
Where a document is to be filed or served by a specific date, the document must be actually received, and not merely sent, by that date.
The Commission reminds the parties that its interim order dated 29 January 2009, which, among other things, suspended Bell Canada’s disconnection notice, remains in effect. The Commission will proceed to issue final determinations early in 2010.
Yours sincerely,
Original signed by John Keogh
for
Robert A. Morin
Secretary General
cc: Mel Cohen, Distributel, regulatory@distributel.ca
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