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Ottawa, 6 January 2012

Our reference: 8622-C182-201200063


Distribution list

Dear Madams, Sirs:

Re: CNOC Part I Application requesting expedited relief to address implementation of the capacity model approved in Telecom Regulatory Policy CRTC 2011-703

On 4 January 2012,  the Canadian Network Operators Consortium Inc. (CNOC) filed a Part 1 application requesting that the Commission address their issues associated with the implementation of the model approved by the Commission in Telecom Regulatory Policy CRTC 2011-703 (TRP 2011-703).

CNOC’s application was directed to the following respondents: Bell Aliant Regional Communications, Limited Partnership and Bell Canada in Ontario and Quebec (the Bell companies), Cogeco Cable Canada Inc. (Cogeco), MTS Allstream Inc. (MTS Allstream), Rogers Communications Partnership (RCP), Shaw Cablesystems GP (Shaw) and Videotron Ltd. (Videotron), (the respondents).

CNOC requested an expedited process to address their application to ensure that TRP 2011-703 is implemented as quickly as possible. CNOC proposed that respondents and other interested persons comment on their application by 11 January 2012, with reply by CNOC by 16 January 2012.

Commission staff is of the view that the proposed expedited process would not allow the Commission to collect a full record on the substantive issues. Accordingly, CNOC’s request for an expedited process is denied, and the standard process for Part 1 applications with 30 days for answers and interventions and 10 days for reply is maintained.

Commission staff notes that as a result, CNOC’s application cannot be resolved before the 1 February 2012 implementation date for the approved capacity model. In its application, CNOC argued that, in this event, the Commission should make all terms and conditions in the tariff pages issued by the Bell Companies, MTS Allstream, Cogeco, Rogers and Videotron interim, such that any ultimate Commission determination can be applied retroactively as of that date.  In light of the above, CNOC, the respondents, and other interested persons are invited to provide comments on the following options regarding the implementation of the approved capacity model:

i. maintain the terms and conditions as final with implementation on 1 February 2012,
ii. make the terms and conditions interim as of 1 February 2012,  or
iii. delay the implementation date until CNOC’s application has been resolved.

CNOC, the respondents, and other interested persons may file comments with the Commission regarding the above options, serving copies on those listed in the attached distribution list, by 12 January 2012.

Yours sincerely,

Original signed by:

Yvan Davidson
Competitor Services & Costing

c.c.:  Lynne Fancy
        Tom Vilmansen



Parties to Telecom Notice of Consultation 2011-77 lisagoetz@globalive.comvince.v regulatory@bell.aliant.caregulatory@execulink.comjcarter@surenet.netmike.manvell@switchworks.comrtwanow@gmail.comghariton@sympatico.cactacit@tacitlaw.comcrtcmail@gmail.comscott@beamdog.commmallani@yahoo.cad.olafson@shaw.cawally@ciaccess.comjared.mcateer@istockphoto.comthepga@gmail.comdirkalgera@gmail.comtfarrelly@bryston.caal@purepages.carubenstein.mark@gmail.comjamiea@storm.caglenrfarrell@gmail.comdr.wilson@wilson-research.cajacqueslee917@gmail.comcatherine.middleton@ryerson.caapilon@acninc.comdeschec@ircm.qc.cajebouchard@phdvideo.comian_fraser@nomorecrtcspam.cascottandkai@rogers.comspaesani@gmail.comdmckeown@viewcom.capeterdasilva@yahoo.caabriggs@cogeco.carwadsworth@sandvine.comdocument.control@sasktel.comsidneirohr@hotmail.comivan@vibrantprints.cajae@c-art.comrem00126@hotmail.comcmich@rogers.comtzaritsa1000@hotmail.comchad.cunningham@cwct.carenaonlinenow@gmail.comtisrael@cippic.cajfleger@jflegerlaw.comandyb@teksavvy.comsamsonmi@tlb.sympatico.caandre.labrie@mcccf.gouv.qc.caregulatory@primustel.caamanevich@heenan.cabrian@colenet.caRegulatory.Matters@corp.eastlink.caadena.dinn@calliougroup.comanlakenews@gmail.comregulatory@bcba.casatkepa@rogers.comlukej;;


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