ARCHIVED - Letter
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Ottawa, 9 April 2010
Our Reference: 8690-C12-200910408
BY EMAIL
Parties to Telecom Notice of Consultation CRTC 2009-432
Dear Madams, Sirs:
Subject: Cable carriers’ request for extension for filing interrogatories and Xittel’s request that rates be made final - proceeding initiated by Telecom Notice of Consultation CRTC 2009-432, 21 July 2009
The Commission is in receipt of two letters from parties to the above-noted proceeding: one by Xittel Telecommunications Inc. (Xittel) dated 31 March 2010 and another by
Bragg Communications Inc., the Canadian Cable Systems Alliance, Cogeco Cable Inc., Rogers Communications Inc., Shaw Communications Inc., and Quebecor Media, on behalf of its affiliate Videotron Ltd. (collectively, the cable carriers) dated 1 April 2010.
Xittel expressed concerns regarding the interim nature of existing support structure rates and requested that the Commission make those rates final. Commission staff notes that in Order 2009-731, the Commission denied Xittel’s previous request that the Commission make support structure rates final. Commission staff also notes that in a Commission letter, dated 11 February 2010, in denying the cable carriers’ request to make existing support structure rates final, the Commission indicated that parties will have the opportunity to make submissions regarding the appropriate effective date for any revisions to support structure rates, prior to the Commission’s disposition, on a final basis, of the ILECs’ requests to review support structure rates. Submissions on this issue may be included in final comments and, to the extent appropriate, in reply comments. Accordingly, the Commission will consider arguments such as those made by Xittel above when determining to what extent, if any, final rates should be applied retroactively.
The cable carriers requested that the current process be amended to include an oral hearing, with cross examination. Commission staff notes that this request was previously addressed in its letter dated 31 March 2010. In that letter, Commission staff stated that the revised process dated 23 March 2010 continues to be appropriate and should not be amended. Commission staff considers that the opportunity for all parties to address written interrogatories and to file final and reply comments, together with Commission staff interrogatories, will ensure that a comprehensive record will be developed in this proceeding. Furthermore, this process will afford all parties a meaningful opportunity to test the evidence and to make their case before the Commission. Accordingly, Commission staff considers that an oral component to this public proceeding is not required.
The cable carriers also requested that the Commission extend the time period for the filing of interrogatories to 28 April 2010. The cable carriers noted that the current schedule provides 4 days between disclosure by the ILECs and the filing of interrogatories by parties. The cable carriers submitted that an extension of 5 days would provide parties the time required to prepare interrogatories pertaining to the ILECs’ information that will be disclosed as a result of a disclosure ruling. In the circumstances, Commission staff is of the view that a
5 day extension to 28 April 2010 for the filing of parties’ interrogatories is appropriate.
Accordingly, the process and deadlines set out in the Commission staff’s 23 March 2010 letter are revised as follows:
- Written responses to requests for public disclosure must be filed with the Commission and served on the party or parties making the request by 9 April 2010.
- Determinations will be issued regarding requests for public disclosure as soon as possible. Any information to be provided pursuant to such determinations must be filed with the Commission and served on all parties by 19 April 2010.
- The Commission and parties may address further interrogatories to the ILECs regarding their submissions and cost studies. Any such interrogatories must be filed with the Commission and served on the relevant party or parties by 28 April 2010.
- Responses to interrogatories are to be filed with the Commission and served on all parties by 19 May 2010.
- Requests for further responses to interrogatories, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out in each case the reasons for disclosure, must be filed with the Commission and served on the relevant party or parties by 26 May 2010.
- Written responses to requests for further responses to interrogatories and for public disclosure must be filed with the Commission and served on the party or parties making the request by 7 June 2010. The Commission may address further interrogatories to the ILECs by the same date.
- Determinations will be issued regarding requests for further information and public disclosure as soon as possible. Any information to be provided pursuant to such determinations must be filed with the Commission and served on all parties by
15 June 2010. - Parties may file written comments with the Commission on any matter within the scope of this proceeding, serving copies on all other parties, by 29 June 2010.
- Parties may file reply comments with the Commission, serving copies on all other parties, by 6 July 2010.
The above material must be received, not merely sent, by the dates provided herein.
Yours sincerely,
Original signed by
Lynne Fancy
Director General
Competition, Costing and Tariffs
Telecommunications
c.c.: Daphne Fry, CRTC daphne.fry@crtc.gc.ca
Richard Pagé, CRTC richard.page@crtc.gc.ca
Pamela Cormier, CRTC pamela.cormier@crtc.gc.ca
Attach (1)
ATTACHMENT
List of Parties
ACTQ: sdesy@actq.qc.ca
AGBriggs Consulting: abriggs@cogeco.ca
Bell Aliant: regulatory@bell.aliant.ca
Bell Canada: bell.regulatory@bell.ca
Bragg: regulatory.matters@corp.eastlink.ca
CCSA: cedwards@ccsa.cable.ca
Cogeco: michel.messier@cogeco.com
CS de la Moyenne-Côte-Nord: marius-richard@csmcn.qc.ca
CS du Pays-des-Bleuets: bilodeaust@cspaysbleuets.qc.ca
Distributel Communications Limited: regulatory@distributel.ca
Giganomics Consulting Inc.: blackwell@giganomics.ca
Maskatel and Drummond: gcordeau@maskatel.qc.ca
Ministère de la Culture et des communications: andre.labrie@mcccf.gouv.qc.ca
MTO Telecom: kfischer@mtotelecom.com
MTS Allstream: iworkstation@mtsallstream.com
O.N. Tel: tracy.cant@ontera.ca
OTA: jonathan.holmes@ota.on.ca
RCI: hslawner@rci.rogers.com
david.watt@rci.rogers.com
Shaw: Regulatory@sjrb.ca
Télébec: reglementa@telebec.com
TELUS: regulatory.affairs@telus.com
Tacit, Christian: ctacit@tacitlaw.com
TBayTel: rob.olenick@tbaytel.com
David.Wilkie@tbaytel.com
TekSavvy: regulatory@teksavvy.com
Vidéotron: regaffairs@quebecor.com
View Communications: dmckeown@viewcom.ca
Wall Communications Inc.: lefebvre@rogers.com
Xittel: reglementation@xittel.net
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