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Ottawa, 9 February 2012

Our Ref. No.: 8740-Q21-201201095

BY E-MAIL

Mr. Borromée Thériault
9144-3036 Québec Inc.
(Navigue.com)
101 Route 132
St-Godefroi, QC
G0C 3C0

reglementaire.clec@navigue.com

RE:  9144-3036 Québec Inc. Tariff Notice 1 - Access Services Tariff

Dear Mr. Theriault:

On 30 January 2012, the Commission received an application by 9144-3036 Québec Inc. (Navigue.com) under cover of Tariff Notice 1, in which the company filed its Access Service Tariff for approval.  The application was filed as a Group B filing.

In accordance with Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Telecom Information Bulletin 2010-455), Group B filings must be filed with the Commission at least 15 calendar days before the proposed effective date.  These filings are approved on an interim basis on the 15th calendar day following their receipt, unless Commission staff issues a letter indicating otherwise prior to the 15th calendar day.

Commission staff notes that the application filed by Navigue.com is not consistent with Information Bulletin 2010-455 because it was not submitted to the Commission at least 15 calendar days before the proposed effective date of 31 January 2012.  Staff further notes that the effective date that appears on the tariff pages does not reflect the date proposed in the letter.

Moreover, Commission staff notes that the application filed by Navigue.com does not seem to be consistent with the information provided by the undertaking on its service areas, which are not consistent from one tariff item to the next.

Consequently, the application filed by Navigue.com is closed.  The undertaking is not to implement its application.

Staff also notes that Navigue.com filed its application in confidence. In accordance with section 39 of the Telecommunications Act and as set out in the Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010, the information filed with the Commission can be designated as confidential if it falls into one of the following categories:

a)  information that is a trade secret;

b)  financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or

c)  information the disclosure of which could reasonably be expected:

i)  to result in material financial loss or gain to any person;

ii)  to prejudice the competitive position of any person; or

iii)  to affect contractual or other negotiations.

Commission staff is of the opinion that the information contained in the application filed by Navigue.com does not fall into one of the above categories.  Accordingly, Navigue.com will resubmit its application to the Commission on the public record.

Yours sincerely,

Original signed by

Suzanne Bédard
Senior Manager,
Tariffs Telecommunications

cc:  Sylvie Labbé, CRTC  (819) 953-4945, sylvie.labbe@crtc.gc.ca

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