ARCHIVED - Letter

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Ottawa, 26 May 2011

Our reference: 8663-H3-200917503

BY EMAIL

Ms. Angela M. Schneider
General Manager
Hay Communications Co-Operative Limited
P.O. Box 99, 72863 Blind Line
Zurich, Ontario
N0M 2T0
a.schneider@hay.net  

Dear Madam:

In Proceeding to review access to basic telecommunications services and other matters, Telecom Notice of Consultation CRTC 2010-43, 28 January 2010,[1] the Commission determined that it was appropriate to re-examine the local competition and wireless number portability (WNP) frameworks that apply in the territories of the small incumbent local exchange carriers (ILECs).  As a result, the Commission suspended consideration of applications that had been submitted to introduce either local competition or WNP in the small ILECs’ territories until the review initiated in that notice had concluded.

Prior to that proceeding, the Commission had received copies of correspondence between Hay Communications Co-Operative Limited (Hay Communications) and Bragg Communications Inc., carrying on business as EastLink (EastLink), regarding EastLink’s intention to enter Hay Communication’s Dashwood, Ontario, exchange as a competitive local exchange carrier (CLEC).[2] Generally, when a small ILEC submitted an implementation plan or intent to file an implementation plan, an application file was opened.  However, such a file was never opened for the correspondence between Hay Communications and EastLink.  To remedy this situation, these letters have now been assigned the following file number: 8663‑H3‑200917503.

In its letter dated 14 April 2009, Hay Communications indicated that it had received what it believed to be a bona fide request from EastLink and that it had had a preliminary meeting with EastLink to discuss the services it would require from Hay.  Hay acknowledged that it understood its obligation to provide an implementation plan and was proceeding to that end, but it expressed concerns about the “disproportionate and uneconomic allocation of our limited staff resources” in developing and implementing a plan for a very small area of its territory.  The company asked the Commission to

confirm that in the light of the very narrow limits of this market that EastLink has targeted and the contrasting huge volume of effort and cost to be borne by Hay to accommodate this competitive entry, that this request indeed meets the criteria of bona fide request as envisioned by the Commission when the rules for local competition were established for SILECs in CRTC Decision 2006-41[sic].

On 3 May 2011, the Commission issued Obligation to serve and other matters, Telecom Regulatory Policy CRTC 2011-291 (TRP 2011-291). In that decision, the Commission concluded that local competition (including local number portability) and WNP should continue to be introduced in all of the small ILECs’ territories based on existing frameworks, subject to modifications set out in that decision.

On 5 May 2011, Commission staff sent a letter to CLECs, wireless service providers (WSPs), and small ILECs for which local competition files had been opened, advising them of the process that would apply for dealing with requests for local competition or wireless number portability that had been suspended.  That letter was not sent to Hay Communications.  A copy of the 5 May 2011 letter and an accompanying spreadsheet are attached to this letter as separate documents.  

In a letter dated 20 May 2011, EastLink, following the process outlined in the above-mentioned letter, confirmed its intent to enter Hay Communications’ territory as a CLEC.  This letter was posted on the Commission’s website on 25 May 2011 at the following address: https://crtc.gc.ca/PartVII/eng/2009/8663/h3_200917503.htm.

Commission staff considers that the question posed by Hay Communications in its 14 April 2009 letter cannot be addressed without a review of the detailed information that would be provided in an implementation plan.  Accordingly, Commission staff requests that Hay Communications submit an implementation plan following the process set out in the 5 May 2011 Commission staff letter and its appendices.  The relevant sections are the following:

Where a CLEC or a WSP [wireless service provider] reaffirms its interest in pursuing competition or implementing WNP [wireless number portability] in a small ILEC’s territory, the small ILEC in question is to file an updated implementation plan with the Commission, serving a copy to the CLEC and/or WSP, no later than 30 days from the date the CLEC’s or WSP’s letter of confirmation of interest is posted on the Commission’s website.  Each small ILEC’s updated implementation plan plan must contain

In conjunction with filing its implementation plan, the small ILEC is to file any required tariffs.

Based on the above, Hay Communications must file its implementation plan and other required information with the Commission, serving a copy to EastLink, no later than 24 June 2011.

Hay Communications is to ensure that its implementation plan addresses its proposed interconnection arrangements with EastLink and includes any other requirements needed to implement local competition in its territory.  Commission staff reminds Hay Communications that it should to begin discussion with EastLink about its interconnection requirements as soon as possible.

Sincerely,

‘Original signed by S. Bédard’

Suzanne Bédard
Senior Manager, Tariffs
Telecommunications

cc: Natalie MacDonald, EastLink, (902) 431-9979, regulatory.matters@corp.eastlink.ca
Laurie Ventura, CRTC, (819) 997-4589, laurie.ventura@crtc.gc.ca

Attachments

[1] As amended by Obligation to serve and other matters, Telecom Notice of Consultation CRTC 2010-43-1, 5 March 2010; Telecom Notice of Consultation CRTC 2010-43-2, 30 March 2010; and Telecom Notice of Consultation CRTC 2010-43-3, 23 July 2010.

[2]  These letters are dated 28 November 2008, 12 December 2008, 24 March 2009, 1 April 2009, and 14 April 2009.

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