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Ottawa, 25 March 2010
File: 8622-O40-201004861
BY E-MAIL
Ms. Cindy Quigley
President
On Call Internet Services Ltd.
1158-8th Street
Kamloops, British Colombia V2B 2Y2
Dear Ms. Quigley:
Re: 16 March 2010 and 19 March 2010 filings from On Call Internet Services Ltd.
The Commission is in receipt of an application by On Call Internet Service Ltd. (On Call), filed on 16 March 2010, in which On Call requested that the Commission order TELUS Communications Company (TCC) to cease and desist from any further action to terminate On Call, so that On Call’s petition seeking leave to appeal the Arbitrators’ Final Award can be heard in the British Columbia Supreme Court on 22 and 23 April 2010. On Call also requested that the Commission grant a hearing pursuant to Broadcasting and Telecom Information Bulletin CRTC 2009-38.
The Commission is also in receipt of a letter by On Call, filed on 19 March 2010, in which On Call requested that the Commission provide staff-assisted mediation with regard to the dispute between On Call and TCC.
Commission staff notes that in Telecom Decision CRTC 2010-184, the Commission determined that On Call and TCC should adhere to the terms of the 14 February 2008 Letter Agreement (the agreement) or amended terms agreed upon by both parties until the arbitrator and the British Columbia Supreme Court rendered a decision with regard to the agreement, or the parties agreed to annul the agreement.
Accordingly, Commission staff considers that it would be inappropriate at this point in time for the Commission to conduct further process with regard to the dispute between On Call and TCC.
In light of the above, Commission staff is returning On Call’s 16 March 2010 application requesting injunctive relief and On Call’s 19 March 2010 letter requesting staff-assisted mediation.
Sincerely,
Original signed by
Paul Godin
Director General
Competition, Costing and Tariffs
Telecommunications
c.c.: TELUS Communications Company, regulatoryaffairs@telus.com
Kevin Pickell, CRTC, 819-997-4580, kevin.pickell@crtc.gc.ca
Eric Bowles, CRTC, 819-994-2940, eric.bowles@crtc.gc.ca
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