ARCHIVED - Telecom Notice of Consultation CRTC 2011-77-1

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Additional references: 2011-77 - 2011-77-2

Ottawa, 17 March 2011

Notice of hearing

11 July 2011
Gatineau, Quebec

Review of billing practices for wholesale residential high-speed access services

File number: 8661-C12-201102350

Changes to procedure

1.         With this notice, the Commission revises the procedure established in Review of billing practices for wholesale residential high-speed access services, Telecom Notice of Consultation CRTC 2011-77, 8 February 2011, to include an online consultation, an interrogatory process, and a public hearing.

2.         As noted below, the Commission will hold a public hearing, beginning on 11 July 2011. Parties wishing to appear at the public hearing must file notice of their intention to appear no later than 12 May 2011. Requests to appear at the public hearing already filed by interested persons will be taken into consideration.

3.         Specifically, the Commission revises the procedure for this proceeding as set out in new paragraphs 17 to 37 below, and renumbers all subsequent paragraphs of the notice to reflect the revised procedure. The dates for submissions to be filed by 28 March and 29 April 2011 are unchanged. The revised sections of the notice follow for ease of reference.

Procedure

17.     The new Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure SOR/2010-277 (the Rules of Procedure) will come into force on 1 April 2011 and will apply to this proceeding as of that date.[1]

18.     Any interested person who wishes merely to file written comments in this proceeding, but does not wish to become a party to the proceeding, may do so by using the following comments link or by writing to the Commission at the address or fax number noted above by 12 May 2011. Such persons will not receive copies of the various submissions in the proceeding and will not be permitted to ask or answer interrogatories.

19.     To facilitate further dialogue among Canadians, the Commission will be conducting an online consultation to allow the public to engage in discussion on issues and questions related to this proceeding. Further details will be provided in a follow-up to this notice.

20.     All interested persons wishing to become parties may file interventions with the Commission regarding the above-noted issues, serving copies on all other parties, by 28 March 2011.

21.     All parties may file reply comments with the Commission, serving copies on all other parties, by 29 April 2011.

22.     The Commission and parties may request information in the form of interrogatories from any party to the proceeding. In accordance with sections 73 and following of the Rules of Procedure, the requesting party must file its request for information with the Commission on or before 29 April 2011, and must serve the request on the party to whom it is addressed.

23.     Responses to requests for information from other parties or the Commission are to be filed with the Commission and served on all parties by 24 May 2011.

24.     Requests by parties for further responses to interrogatories posed in their request for information, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information that has been designated confidential, setting out in each case the reasons for disclosure, must be filed with the Commission and served on the relevant party or parties by 31 May 2011.

25.     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 2011.

26.     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 21 June 2011.

27.     The Commission will hold a public hearing, beginning on 11 July 2011, at 9 a.m. at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec. The hearing is expected to last approximately five days. Should additional time be required, the hearing will continue at that location and may last until 20 July 2011.

28.     The public hearing will consist of two phases: (i) Phase I for opening presentations; and (ii) Phase II for oral rebuttal argument. The Commission expects all parties that appear at Phase I of the public hearing to also appear at Phase II. Parties who participate in Phase II of the proceeding are requested to remain available until the end of Phase II to respond to any questions which the Commission may have arising out of other parties’ rebuttal submissions. There will be no cross-examination by parties.

29.     Parties wishing to appear at the public hearing must file notice of their intention to appear no later than 12 May 2011. Please note that the requests to appear already filed by interested persons will be taken into consideration.

30.     Although the hearing will be held in the National Capital Region, parties may participate from the Commission’s regional offices via videoconferencing. Parties interested in doing so are asked to indicate the regional office where they wish to appear at the time they file their notice of intention to appear at the public hearing. A list of the Commission’s regional offices is included in this notice.

31.     The Commission will issue, as soon as possible, the list of parties who have filed a notice of intention to appear at the public hearing and their order of appearance.

32.     Persons requiring communications support such as assistive listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

33.     An organization and conduct letter, providing directions on procedure with respect to the public hearing, including the scope of the issues to be examined during the public hearing, will be issued prior to the commencement of the public hearing.

34.     All parties may file final written arguments with the Commission on any matter within the scope of this proceeding, serving copies on all other parties, by 29 July 2011. Final arguments, including an executive summary, are not to exceed 15 pages.

35.     The Commission expects to publish a decision on the issues raised in this notice within four months of the close of record.

36.     The Commission will not formally acknowledge comments. It will, however, fully consider all submissions, which will form part of the public record of the proceeding.

37.     Parties are reminded that, in accordance with the Rules of Procedure, if a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. A document must be filed with the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due.

38.     Parties may file their submissions electronically or on paper. Submissions longer than five pages should include a summary.

39.     Electronic submissions should be in HTML format. Alternatively, Microsoft Word may be used for text and Microsoft Excel for spreadsheets.

40.     Each paragraph of all submissions should be numbered. In addition, the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

41.     The Commission encourages parties to monitor the record of this proceeding and/or the Commission’s website for additional information that they may find useful when preparing their submissions.

Important notice

42.     Note that all information that interested persons or parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, email, or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This includes personal information, such as full names, email addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information interested persons or parties provide.

43.     The personal information that interested persons or parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

44.     Documents received electronically or otherwise will be posted on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be made available in PDF format.

45.     Please note that the information that interested persons or parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not link directly to the information that was provided as part of this public process.

Location of CRTC offices

46.     Submissions may be examined or will be made available promptly upon request at Commission offices during normal business hours.

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional Offices

Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

205 Viger Avenue West, Suite 504
Montréal, Quebec H2Z 1G2
Tel.: 514-283-6607

55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel.: 416-952-9096

Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel.: 204-983-6306
Fax: 204-983-6317

2220 – 12th Avenue, Suite 620
Regina, Saskatchewan S4P 0M8
Tel.: 306-780-3422

10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel.: 780-495-3224

858 Beatty Street, Suite 290
Vancouver, British Columbia V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General



Footnote:

[1]     The Rules of Procedure set out, among other things, the rules for the filing, content, format and service of interventions and interrogatories, the procedure for filing confidential information and requesting its disclosure, and the conduct of the public hearing. Accordingly, the procedure set out in this notice must be read in conjunction with the Rules of Procedure and its accompanying documents, which can be found on the Commission’s website under “CRTC Rules of Practice and Procedure”.

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