ARCHIVED - Letter

Ottawa, 11 March 2011

File No.  8622-T125-201102475 

By email

Applicant

Guy Fietz
Chief Executive Officer
Triton Global Business Services Inc.
Suite 8, 4550 - 112th Avenue SE
Calgary Alberta T2C 2K2
gfietz@tritonglobal.ca

Respondent

Teresa Griffin-Muir
MTS Allstream Inc.
45 O'Connor Street
Ottawa Ontario K1P 1A4
iworkstation@mtsallstream.com

Re: Application by Triton for expedited hearing process and interim relief

Dear Sir and Madame:

In accordance with paragraphs 31 and 32 of Broadcasting and Telecom Information Bulletin CRTC 2009-38 (Information Bulletin 2009-38), this letter is to advise parties that Triton Global Business Services Inc.’s (Triton) request for an expedited hearing has been accepted by the Commission.  It sets out the specific date upon which the expedited hearing is to be conducted and the matters upon which the Commission will make a determination as well as the procedures to be followed.

1.  Interim Relief

In its application, Triton requested interim relief in the form of an order requiring MTS Allstream Inc. (MTS Allstream) to continue to provide service pursuant to the Billing and Collection (B&C) Agreement pending a determination in the matter.  MTS Allstream objected, stating that such relief is not appropriate.

Having reviewed the record, the Commission has granted, in Telecom Order 2011-181, available on the Commission’s website, Triton’s request for interim relief and has directed MTS Allstream to resume providing B&C services to Triton in accordance with MTS Allstream’s tariff and the B&C Agreement. 

2.  Confidentiality

In its application, Triton requested that the Commission keep the expedited hearing process, including any interim orders, confidential pending the issuance of a final determination by the Commission on the application.  Triton argued that public disclosure of the expedited hearing process could result in serious diminution of Triton’s reputation in the telecommunications industry, loss of customers, and financial loss by Triton.  MTS Allstream did not object.

Information Bulletin 2009-38 states that, for expedited hearing proceedings, existing Commission confidentiality rules and practices apply.  The Commission does not find the reasons provided by Triton to be sufficient to vary this rule.  Accordingly the existence of the hearing and the record of the proceeding (excluding any information designated confidential by the parties pursuant to section 39 of the Telecommunications Act) will be made public. 

Triton’s application dated 2 February 2011 and MTS Allstream’s reply dated 7 February 2011 will be placed on the public record 5 days after the date of this letter.  If either party wishes to designate certain information within a document they filed as confidential, they are to re-file the document within 4 days of the date of this letter following the rules set out in section 39 of the Telecommunications Act.  Parties are to provide an abridged version for the public record as well as reasons why the information meets the test for confidentiality.  Where a party designates information filed with the Commission as confidential for the public record but has provided the confidential information to the other party, this should be clearly indicated.

For more information on how to file confidential information in Commission proceedings, please see,  Procedures for filing confidential information and requesting its disclosure in Commission proceedings,  Broadcasting and Telecom information Bulletin CRTC 2010-961.

During the course of the oral hearing, the parties may be required to make submissions regarding information that has been or would be designated confidential.  In this event, the Commission will consider conducting a portion of the hearing in camera.

3.  Written Submission

In accordance with paragraphs 32 and 33 of Information Bulletin 2009-38, MTS Allstream is to file with the Commission, serving a response on Triton, within 15 days of the date of this letter, a response to Triton’s 2 February 2011 application.

4.  Oral Hearing

The Commission will hold an oral hearing on Friday, 15 April 2011 to adjudicate, in accordance with the expedited process established in Information Bulletin 2009-38, the dispute between Triton and MTS Allstream regarding:

Whether MTS Allstream has valid grounds, pursuant to the B&C Agreement and the tariff, to terminate service.

5.  Order of the Proceeding

An agenda outlining the expected process for the oral hearing will be sent out to participating parties no later than Friday, 1 April 2011. 

6.  Interrogatories

Prior to the oral hearing, the Commission may send interrogatories to the parties.  Parties are reminded that it is incumbent on them to file responses to the interrogatories by the date specified by the Commission, serving a copy on each other.

7.  Filing of Documents

Any documents filed with the Commission should be filed using the Procedure electronic form specifying the Commission file number indicated on this letter.  

Parties can access the electronic form on the Commission's website https://applications.crtc.gc.ca/crtcsubmissionmu/forms/telecommunications-telecom.aspx?lang=e .

8.  Responsibilities of the Parties

With respect to the oral hearing, the parties are required to bring with them all relevant documentation and knowledgeable personnel. An adverse inference may be drawn, if appropriate, from the failure of a party to bring all relevant documentation and knowledgeable personnel to the oral hearing. 

For ease of translation and transcription, parties are requested to bring two copies of any written opening and closing remarks.

The parties are also required to provide to Danielle Peterson, at Danielle.Peterson@crtc.gc.ca, and serve on each other, at least 10 days prior to the panel hearing, the name(s) of the person(s) who will be attending the hearing and their area of expertise. 

9.  Other

The hearing will be held in Salon Réal Therrien, 7th floor of the Central Building, Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec.

Parties may contact Mr. Gerry Lylyk at (819) 953-0434, or at gerald.lylyk@crtc.gc.ca, if they require additional information regarding the organization and conduct of the hearing. 

Parties are reminded that, as of 1 April 2011, this proceeding will be conducted pursuant to the Canadian Radio-television and Telecommunications Rules of Practice and Procedure (the Rules of Procedure) which incorporates Information Bulletin 2009-38.  For more information on the Rules of Procedure, see the Commission’s website at www.crtc.gc.ca/eng/nrpp.htm.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. In addition to filing with the Commission, all copies of submissions are to be sent to gerald.lylyk@crtc.gc.ca. 

Yours sincerely, 

Original Signed By

Gerry Lylyk
Director Dispute Resolution

Date modified:

2011-03-11