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Ottawa, 8 March 2012

File Nos.:  8180-C172-201016816 - 8643-C172-201111541


Yuval Barzakay
61 Wildcat Road
Toronto, Ontario
M3J 2P5

RE:  Registration of Comwave Networks Inc. as a CLEC

On 13 February 2012, Comwave Network Inc. (Comwave) responded to the request for information sent by Commission staff on 9 February 2012.  In its response, Comwave indicated that it did not own or operate any transmission facilities.

Commission staff notes that, as defined in the Telecommunications Act (the Act), a telecommunications common carrier means “a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation”.  Further, in order to register, and maintain registration, as a telecommunications common carrier with the Commission, a company must comply with this definition as set out in the Act.

Commission staff is aware that Comwave has registered with the Commission as both a telecommunications common carrier and a proposed competitive local exchange carrier (CLEC).

Commission staff notes that as contemplated in Telecom Decision CRTC 97-8, Local Competition, 1 May 1997 and subsequent decisions, companies must be Canadian carriers, as defined in the Act, in order to be authorized as a CLEC or to be registered as a proposed CLEC.

Comwave is requested to demonstrate, by 15 March 2012, how it complies with the definition of telecommunications common carrier pursuant to the Act, and to demonstrate why Comwave should not be removed from the Commission’s telecommunications common carrier registration list and, consequently, to also be removed from the proposed CLEC registration list.

Yours sincerely,

‘Original signed by P. Godin’

Paul Godin
Director General
Industry and Market Analysis

cc:  Peter Wilson, CRTC, (819) 953-5584,
Suzanne Bédard, CRTC, (819) 994-6134,
Kim Brisson St-Jean, CRTC, (819) 994-0184,
Sylvie Labbé, CRTC, (819) 953-4945,

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