ARCHIVED - Letter
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Our reference: 8661-S93-201109885
Mr. Dallas Yeulett
Senior Manager, Regulatory Compliance
Northwestel Inc.
P.O. Box 2727
301 Lambert Street
Whitehorse, Yukon Y1A 4Y4
Regulatoryaffairs@nwtel.ca
Mr. Dean Proctor
Chief Development Officer
The SSi Group of Companies
356 B Old Airport
Yellowknife, Northwest Territory X1A 3T4
regulatory@ssimicro.com
Re: Part 1 Application by SSi Micro Ltd. dated 23 June 2011 regarding Northwestel’s Backbone Connectivity Services – Procedural letter
Dear Mr. Yeulett and Mr. Proctor:
On 20 September 2011, the Commission received a letter from Northwestel Inc. (Northwestel) in respect of the proceeding initiated by the above-noted application. In its letter, Northwestel requested that the comments submitted by SSi Micro Ltd. (SSi Micro) in its 19 September 2011 letter be removed from the record of the proceeding because they constitute “commentary” on Northwestel’s interrogatory responses and the Rules of Procedure do not permit additional comments or evidence by parties to this proceeding.
Commission staff recognizes that the Rules of Procedure do not contemplate the submission of comments on Northwestel’s interrogatory responses. However, staff is also of the view that SSi Micro should be provided with an opportunity to address new evidence submitted by Northwestel in response to Commission staff interrogatories before a decision is rendered in respect of the application. Accordingly, SSi Micro’s 19 September 2011 comments will form part of the record of the proceeding. Northwestel will be afforded an opportunity to respond to these comments as part of the process set-out below.
As indicated, pursuant to s. 33(3) of the Rules of Procedure, Northwestel may file a response to SSi Micro’s request for disclosure by 29 September 2011. The Commission will review Northwestel’s response and, if required, will issue a determination for further information and disclosure as soon as possible thereafter. Any information to be provided pursuant to that determination is to be filed by 5 October 2011.
SSi Micro may file comments by 11 October 2011 on new information filed or disclosed by Northwestel. Northwestel may file reply comments by 14 October 2011 on comments filed by SSi Micro on or after 19 September 2011.
Yours sincerely,
Original signed by
Mario Bertrand
Director, Competition Implementation and Technology
Telecommunications
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