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Ottawa, 17 August 2011

O/Ref. : 8640-T69-201104356
8640-T69-201104364

BY E-MAIL

Mr. Ted Woodhead
Vice-President
Telecom Policy and Regulatory Affairs
800- 215 Slater Street
Ottawa, Ontario  K1P 0A6
regulatory.affairs@telus.com

Dear Mr. Woodhead,

Re: Competitor Quality of Service for local forbearance applications

The Commission has received an application from TELUS Communications Company (TCC) for the forbearance from the regulation of business local exchange services in 60 exchanges in Alberta, British Columbia and Quebec, as well as an application for the forbearance from the regulation of residential local exchange services in two exchanges in Quebec, both dated 1 March 2011. 

In these forbearance applications, TCC indicated that it had filed concurrently an application (file number: 8660-T66-201104356), pursuant to Telecom Decision 2005-20, requesting the exclusion of certain competitor service orders for Competitor Quality of Service (CQoS) Indicator 1.19 due to a High bit-rate Digital Subscriber Line (HDSL) card shortage (the Exclusion application).  TCC further submitted that should the Commission grant the relief requested in the Exclusion application, TCC would meet the CQoS criterion for forbearance.  

Commission staff notes that the mechanism adopted in Telecom Decision CRTC 2005-20 is for the purposes of the Rate Rebate Plan (RRP) framework only, and is not applicable to local forbearance framework applications.  Furthermore, consistent with Telecom Decision 2007-40, when the Commission approves an Exclusion application, the determination cannot be taken into account to determine if the CQoS criterion is met for the purpose of disposing of local forbearance applications.

In light of the above, TCC is requested to file with the Commission, by 6 September 2011, its views as to why its revised CQoS results, if the Commission were to approve TCC’s Exclusion application, should be applicable to TCC’s local forbearance applications. 

Parties to the two above-mentioned local forbearance applications may file comments regarding TCC’s submissions by 13 September 2011, and TCC may file final replies
19 September 2011.

Yours sincerely,

Original signed by

Mario Bertrand
Director, Competition Implementation and Technology
Telecommunications

cc:  Michel Messier, Cogeco, michel.messier@cogeco.com
Donald Woodford, Bell Mobility, bell.regulatory@bell.ca
Esther Snow, Shaw, Esther.Snow@sjrb.ca
Dennis Beland, Vidéotron, dennis.beland@quebecor.com
Danny Moreau, CRTC, 819-953-5672, danny.moreau@crtc.gc.ca

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