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Ottawa, 11 February 2010
Our Reference: 8661-C122-200815889
BY E-MAIL
Mr. Marcel Mercia
Chief Operating Officer
Cybersurf Corp.
300 West Tower, 1144-29th Ave NE
Calgary, Alberta T2E 7P1
Mr. Bill Abbott
Senior Counsel - Regulatory Law
Bell Canada
160 Elgin Street, 19th Floor
Ottawa, Ontario K2P 2C4
Dear Mr. Mercia, Mr. Abbott:
Re: Cybersurf application for relief against Bell Canada regarding certain billing practices and disconnection
On 26 November 2008, Cybersurf Corporation (Cybersurf) filed an application in accordance with Part VII of the CRTC Telecommunications Rules of Procedure requesting that the Commission issue a number of orders with respect to BellCanada’s billing practices and the alleged arrears incurred by Cybersurf as a result of those billing practices. On 7 January 2010, Cybersurf wrote to the Commission “advis(ing) the Commission and Bell that it is withdrawing its Part VII application” and requesting that the Commission provide written confirmation of the receipt of this letter.
The Commission notes that in February 2009, BellCanada filed a statement of claim before the Ontario Superior Court of Justice regarding this dispute and that Cybersurf has filed a statement of defence. In the circumstances, the Commission considers that it is appropriate to grant Cybersurf’s request and allow Cybersurf to withdraw its application.
The Commission’s interim order dated 29 January 2009 will remain in effect. The Commission will deal with the matter of disconnection, if appropriate, upon the close of the proceedings before the Ontario Superior Court or upon a mutually agreeable resolution by both parties.
Original signed by Allan Rosenzveig
for
Robert A. Morin
Secretary General
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