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Our file No: 8640-B2-200909757

Ottawa, 3 February 2010

By E-mail

To: Distribution List

Re: Part VII Application by Bell Canada requesting forbearance from the regulation of Bell Canada’s high-speed intra-exchange digital network access (DNA) services in specific wire centres in Ontario and Québec

Dear Madams, Sirs:

On 26 June 2009, Bell Canada filed the above-mentioned Part VII application, requesting that the Commission forbear from regulating high-speed intra-exchange digital network access (high-speed DNA) services in 35 wire centres in Ontario and Quebec
(Bell Canada’s Part VII Application).

In its letter dated 16 October 2009, Bell Canada identified two possible interpretations of what constitutes a building connected to a high-speed DNA-capable network at speeds of DS-3 or greater:

Definition A - Buildings connected to the competitor’s network at speeds of DS-3 or greater, or

Definition B - Buildings connected to the competitor’s network at speeds of DS-3 or greater with equipment located in the building.

In light of the above, on 6 November 2009 Commission staff issued an interrogatory letter which asked specific parties to Bell Canada’s Part VII Application to:

1) identify what definition of what constitutes a building connected to a high-speed DNA-capable network at speeds of DS-3 or greater was used when filing its list of buildings connected to its high-speed DNA-capable network; and

2)provide a second list of buildings connected to their high-speed DNA capable network at speeds of DS-3 or greater using the definition, as identified by Bell Canada, other than the one that was used to provide its initial list of buildings connected to its high-speed DNA capable-network.

Commission staff notes that in Telecom Decision 2010-50 the Commission added clarity to the reporting requirements set out in Telecom Decision 2007-35 for high-speed DNA services forbearance applications. Specifically, the Commission stated that:

Parties to a high-speed DNA services forbearance application must provide the Commission with the addresses of all buildings that are connected to that carrier’s network at speeds of DS-3 or greater irrespective of whether services at speeds of DS-3 or greater are currently being provided to that carrier’s customer(s) located in that building and irrespective of whether the fibre facilities are lit (commissioned) or dark. Carriers are required to provide the addresses of the buildings that are so connected, not merely the addresses of the buildings where high-speed DNA services are currently being provided to customers.

Accordingly, Commission staff requires each high-speed DNA service provider identified in the distribution list below to either:

a) confirm that its list of buildings, previously submitted in accordance with definition A, connected to its network at speeds of DS-3 or greater, conforms to the reporting requirement clarification set out in Telecom Decision 2010-50; or

b) provide a revised list that conforms to the reporting requirement clarification set out in Telecom Decision 2010-50.

Responses to this interrogatory must be received by 17 February 2010.

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 address: kevin.pickell@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

Distribution List

Atria Networks L.P. (Atria Networks), regulatory@atrianetworks.com

swilson@atrianetworks.com

Bell Canada, bell.regulatory@bell.ca

Cogeco Cable Inc., telecom.regulatory@cogeco.com