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Ottawa, 21 January 2010

Our Reference:  8622-D11-200917114


Mr. Donald Cavanagh

Vice President – Telecommunications

Distributel Communications Limited

Suite 300, 177 Nepean Street

Ottawa, Ontario  K2P 0B4

Mr. Yuval Barzakay


Comwave Telecom Inc.

61 Wildcat Rd.

Toronto, Ontario  M3J 2P5

Ms. Brenda Stevens

Director, Intercarrier Relations

Rogers Cable Communications Inc.

333 Bloor Street East, 9th Floor

Toronto, Ontario  M4W 1G9

Ms. Dina Graser

Goodmans LLP

Barristers & Solicitors

250 Yonge Street, Suite 2400

Toronto, Ontario  M5B 2M6

Mr. Marcel Mercia

Chief Operating Officer

Cybersurf Corp.

300 West Tower, 1144 – 29th Ave. NE

Calgary, Alberta  T2E 7P1

Dear Madams, Sirs:

Re:  Bulk Porting of Telephone Numbers Acquired by Distributel – Further Process

In a letter dated 18 January 2010 to Commission staff, Comwave Telecom Inc. (Comwave) expressed concerns that Distributel Communications Limited (Distributel) had not filed a submission on 15 January 2010 in accordance with the process established in the Commission staff letter dated 23 December 2009. Comwave requested that the Commission order Distributel to file a submission and amend the process to allow parties more time to file their response to submissions. Comwave also asked that it be permitted to file a final reply along with Distributel.

Distributel replied to Comwave’s letter in a letter, dated 20 January 2010, to Commission staff noting that, in its view, its 14 December 2009 application served as Distributel’s submission in this matter. Distributel further noted that it is the customary practice of the CRTC that the applicant has the right of final reply.

Commission staff notes that Comwave, in its 15 December 2009 letter to Commission staff, had requested that the Commission amend the process so that Comwave could submit comments on Distributel’s application, and this was done. Commission staff notes that, with its 15 January 2010 filing to the Commission, Comwave has provided its comments on Distributel’s application, and in the next round of submissions, Comwave will have the opportunity to provide comments on the other parties’ submissions.

Commission staff notes Comwave’s concern that without a submission by Distributel, Comwave will have had no opportunity to respond to any substantive arguments made by Distributel. In this regard, Commission staff notes that Distributel’s application serves as Distributel’s initial submission, and Comwave has had the opportunity to respond.

Commission staff further notes that Comwave submitted that Distributel’s application contained very little information and that Comwave should have the benefit of full submissions from Distributel in order to make a full and fair response. In this regard, Commission staff notes that in accordance with the Commission’s general practice, Distributel is not permitted to provide any new facts or evidence in its final reply.

Commission staff, therefore, sees no need to modify this process, with the exception of filing dates, due to the time required to resolve Comwave’s concerns. The filing dates for the balance of the proceeding will therefore be:

By 26 January 2010, the parties may file with the Commission, serving a copy on each other, their reply to the submissions by other parties.

By 29 January 2010, Distributel may file with the Commission, serving a copy on the other parties its final comments on this matter.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.


Original signed by

Paul Godin

Director General

Competition, Costing and Tariffs


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