ARCHIVED - Letter

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Ottawa, 17 September 2010

Our Reference: 8638-C12-200512964

BY E-MAIL

Mr. Peter Russo
Chief Financial Officer
Y-Max Communications Corporation and magicJack LP
P.O. Box 6785
West Palm Beach, Florida, USA
33405
Peter.russo@ymaxcorp.com

Dear Mr. Russo:

Re: Provision of 9-1-1 service for customers in Canada

It has come to the Commission’s attention that magicJack LP (magicJack), which provides local VoIP service in Canada, does not provide 9-1-1 service to its Canadian customers.  On 20 July 2010, Commission staff requested magicJack to provide its comments on this issue.  

On 8 September 2010, magicJack provided its reply and indicated that it expects to have 9-1-1 service, including related customer notifications, fully operational in Canada by 15 November 2010.

Commission staff has reviewed the file and considers that magicJack does not meet the requirements for providing local service in Canada as stipulated in Telecom Decision 2005-21.  Specifically, magicJack does not provide 9-1-1 service to its customers using its services in Canada.

Commission staff considers this to be a serious matter given that customers using magicJack’s services will not have access to 9-1-1 in case of an emergency.  Furthermore, Commission staff notes that magicJack has provided no justification as to why it cannot implement 9-1-1 service as required before November 15, 2010.  In this regard, Commission staff notes that magicJack’s customer notification texts were approved over a year ago by Commission staff, on September 10, 2009.

Accordingly, magicJack is required to:

1. implement 9-1-1 service in Canada by 15 October 2010 in accordance with the Commission’s requirements;

2. implement the customer notification requirements in Telecom Decision 2006-61 by 15 October 2010;

Further, the company is to provide to the Commission, within 10 business days:

3. details of its 9-1-1 implementation plan, including information on network infrastructure, routing and which 9-1-1 answering bureaus / third-party call centres it intends to use to provide 9-1-1 service, as well as implementation milestones;

4. identify which local exchange carriers (LECs) and/or local service providers currently provide magicJack with network resources and Canadian telephone numbers to allow it to offer service in Canada.

If you fail to abide by the directions set out in this letter, please be advised that the Commission may order disconnection of service to magicJack in Canada. 

Sincerely,

Original signed by:

John Traversy
Executive Director
Telecommunications
c.c.: Dem Magmanlac, CRTC (819) 953-6638

Distribution list

Jamie Baillie: darkshad9999@gmail.com
Michael Koch : mkoch@goodmans.ca

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