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Ottawa, 18 June 2010

Our Reference: 8644-A89-201008384


Atria Networks
c/o Mark Lewis
Lewis Birnberg Hanet, LLP
693 Queen Street East
Toronto, ON  M4M 1G6

H&R Property Management Ltd and 160 Elgin Portfolio Inc.
c/o Bram Abramson
McCarthy Tétrault LLP
Box 48, Suite 5300
Toronto Dominion Bank Tower
Toronto, ON  M5K 1E6

Dear Mr. Lewis and Mr. Abramson:

Re: Atria Networks LP - Application to access the multi-dwelling unit at 160 Elgin Street, Ottawa, ON

On 13 May 2010, Atria Networks LP (Atria) filed a Part VII application with the Commission, requesting access to the multi-dwelling unit (MDU) at 160 Elgin Street, Ottawa, ON (the MDU) owned by 160 Elgin Portfolio Inc. and managed by H&R Property Management Ltd (the Respondents).

In June 2010, Atria and the Respondents, through correspondence filed with the Commission in response to Atria’s application, indicated their willingness to settle their dispute through mediation.

Commission staff notes that although the two parties generally agree on the terms and conditions of Atria’s access to the MDU, no agreement has been reached on the annual fees to be charged to Atria and the space to be occupied by its telecommunications facilities in the MDU. 

Commission staff is encouraged by the fact that Atria and the Respondents are willing to engage in a mediation process to resolve their dispute.  While Commission staff notes the willingness of both parties to involve the Commission in seeking to resolve their dispute, Commission staff considers that, in the specific circumstances of this case, the parties’ interests would be better served by seeking a solution other than through the Commission’s resources with respect to the fair market rate to be charged to Atria.

In light of the above, the file relating to this matter has been closed.

Yours sincerely,

Original signed by

Lynne Fancy
Director General
Competition, Costing and Tariffs

c.c.: Mr. S. Posen,
Mr. E. Janssen,
Ms. E. McCaffrey,
Kevin Pickell,

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