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Ottawa, 12 October 2011
Our reference: 8662-M59-201104398
Ms. Teresa Griffin-Muir
45 O’Connor Street, Suite 1400
Ottawa, Ontario K1P 1A4
Dear Ms Griffin-Muir:
Re: Process request with respect to Review and Vary Application of Telecom Decision 2011-24, Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Monthly recurring rates and service charge rates for unbundled loops in Ontario and Quebec
Commission staff is in receipt of correspondence from MTS Allstream Inc. (MTS Allstream), dated 30 September 2011, requesting an immediate decision on MTS Allstream’s review and vary application, filed on 7 March 2011, seeking correction to the rates for unbundled local loops set out in Telecom Decision 2011-24, Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Monthly recurring rates and service charge rates for unbundled loops in Ontario and Quebec, 12 January 2011. Commission staff is also in receipt of correspondence form Bell Aliant Regional Communications, Limited Partnership and Bell Canada (the Bell companies), dated 6 October 2011, opposing MTS Allstream’s request.
MTS Allstream submits that the issues raised in its review and vary application can be determined by the Commission prior to making any determination on the issues raised in the review and vary application submitted by the Bell companies. Further, in MTS Allstream’s submission, the issues raised by the Bell companies in their application would only affect the rates for unbundled loops going forward from a determination on that application, whereas the issues raised in its application affect the rates as of 14 December 2009.
The Bell companies submit that the issues raised by MTS Allstream are intricately related to the issues that the Bell companies raised in their review and vary application of the same decision, and that it would not be feasible for the Commission to render its final ruling on the MTS Allstream application while the record of the Bell companies’ application is still open. The Bell companies also submitted that retroactive rate adjustment will be appropriate for the final monthly recurring rates for unbundled loops that will be approved by the Commission following the resolution of all of the outstanding review and vary applications, including the companies’ application.
Commission staff notes that, in its review and vary application, MTS Allstream has requested that the Commission consider issues related to the Bell companies’ use of asset lives in determining the rates for unbundled local loops, as well as issues related to structure cost factors and maintenance expense factors. The Bell companies, in their review and vary application, have raised similar and related issues. In addition, the Commission has recently posed interrogatories, issued on 13 September and 30 September 2011, to assess revised costs and rates for unbundled loops, including revised maintenance and removal cost expenses.
Commission staff considers that a determination on the issues raised by the parties can only be reached when the records of all of these related proceedings are complete. Hence, Commission staff considers that it is not possible to render a determination on MTS Allstream’s application independently of a decision on the application by the Bell companies. On this basis, Commission staff cannot agree to the MTS Allstream request.
Commission staff notes that the Bell companies are to respond by 19 October 2011 to Commission staff interrogatories issued on 13 September and 30 September 2011 in respect of their Part I application. This is to inform parties that they may file and serve comments on the Bell companies’ response to interrogatories by 24 October 2011. The Bell companies may file and serve reply comments by 31 October 2011.
Original signed by
Director, Competitor Service and Costing
Attach: List of Parties
Distribution: Parties to Telecom Decision 2011-24
NRTC Communications c/o email@example.com
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