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Ottawa, 15 March 2012 

Our Reference:  8622-G49-201202316

BY E-MAIL

GATPE Services (Miniphone.ca)
C.P. 47501 Succ. Plateau
Montréal, QC    H2H 2S8
max.may@hec.ca

Re:   ATPE Services Part 1 application: Out of process filings

Dear Mr. May:

On 3 March 2012, GATPE Services (Miniphone.ca) filed a Part 1 application with the Commission requesting that the Commission direct Dellvoice.ca, Fongo Inc., and Fibernetics Corporation to cease offering free telephone lines and services in the greater Montréal area.

On 7 March 2012 and 12 March 2012, Miniphone.ca filed supplementary information in the form of two letters with additional facts and arguments.

Commission staff notes that section 24 of the Canadian Radio-television and Telecommunications Rules of Practice and Procedure (the Rules of Procedure) states

24. An applicant must not amend an application or file any supplementary documents related to the application with the Commission after the application has been posted on the Commission’s website.

Commission staff also notes that section 7 of the Rules of Procedure allow the Commission to vary the rules where the considerations of public interest or fairness permit.

In order to ensure that the procedural rights of the respondents and interested persons are protected, while ensuring an efficient process, Commission staff has accepted the two letters on the public record of the proceeding but is revising the dates for answers, interventions and replies to ensure that all respondents and interested persons have sufficient time to respond to the supplementary information. 

Accordingly, the respondents may file an answer, and any interested persons may file an intervention with the Commission, serving the applicant, by 11 April 2012.  Miniphone.ca may file its reply, serving the respondents and interveners to whom it is replying, by 23 April 2012.

Commission staff notes that any further correspondence received from Miniphone.ca outside of the process contemplated by this letter and the Rules of Procedure will be considered out of process, and accordingly may be returned.

Yours sincerely,

Original sent by

Mario Bertrand
Director, Competition Implementation and Technology
Telecommunications

cc:   Rick Schleihauf, Fibernetics Corporation, regulatory@fibernetics.ca
       Bobbi Holte, Fongo Inc., bholte@fongo.com
       Kevin Pickell, CRTC, kevin.pickell@crtc.gc.ca

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