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Ottawa, 6 June 2012

Our Reference: 8662-R28-201201699


Mr. Kenneth G. Engelhart
Senior Vice President - Regulatory
Rogers Communications Partnership
333 Bloor Street East
Toronto, Ontario  M4W 1G9

Mr. Yves Mayrand
Vice President Corporate Affairs
Cogeco Cable Inc.
5 Place Ville Marie, bureau 1700
Montreal, Quebec  H3B 0B3

Mr. Dennis Béland
Sr. Director, Regulatory Affairs, Telecommunications
Quebecor Media Inc.
612 St-Jacques Street, 15th floor, South Tower
Montreal, Quebec  H3C 4M8

Mr. William Sandiford
Chair of the Board and President
Canadian Network Operators Consortium Inc.
107-85 Curlew Drive
Toronto, Ontario  M3A 2P8

Dear Sirs:

RE: File # 8662-R28-201201699 - Rogers Part 1 Application to Review and Vary Telecom Regulatory Policy 2011-703

The Commission received comments from Canadian Network Operators Consortium Inc. (CNOC), Cogeco Cable Inc. (Cogeco), MTS Inc. and Allstream Inc. (collectively, MTS Allstream), Quebecor Media Inc. on behalf of itself and its affiliate Videotron (Quebecor Media) and Shaw Communications Inc. (Shaw) on 2 April 2012 and reply comments from

Rogers Communications Partnership (Rogers) on 12 April 2012 with respect to the above-cited Part 1 application.

In Rogers’ Part 1 application, the company submitted that the approved capacity rate should be applied to both upstream and downstream 100 Mbps increments.  In paragraph 75 of Rogers’ Amended Application by Rogers Communications Partnership for Review and Variance of Telecom Regulatory Policy CRTC 2011-703 dated 1 March 2012 and revised
12 March 2012, the company indicated that as an alternative, the capacity rate calculation could rely on the use of downstream GB volume instead of total upstream and downstream GB volume in calculating the cost per GB.  CNOC, Cogeco, and Quebecor Media provided comments on this issue. The Commission notes that Cogeco and Quebecor Media have indicated that they agree with Rogers on this issue and requested that the same argument and remedy be applied to them.

Commission staff considers that the following further process is required to examine fully the issue raised by Rogers’ Part 1 application regarding the calculation of the capacity rate as it applies to cable carriers.

Responses to the interrogatories in Attachment 1 are to be filed with the Commission and served on all interested parties by 27 June 2012. The level of disclosure of information in the responses should be consistent with disclosure rulings in the proceeding leading to Telecom Regulatory Policy 2011-703 and the Commission letter to Rogers dated
7 March 2012 regarding Rogers’ Part 1 applications to review and vary Telecom Regulatory Policy 2011-703 - CNOC’s request for disclosure of information.

Requests by interested parties for public disclosure of information for which confidentiality has been claimed, setting out in each case the reasons for disclosure, must be filed with the Commission and served on the party making the confidentiality claims by 5 July 2012 using the Microsoft Excel template provided in Attachment 2 to this letter.

Written responses to requests for public disclosure must be filed with the Commission and served on the interested party or parties making the request by 10 July 2012 using the Microsoft Excel template provided in Attachment 2 to this letter.

Determinations will be issued regarding requests for public disclosure as soon as possible. Any information to be provided pursuant to such determinations must be filed with the Commission and served on all interested parties by 20 July 2012.

All parties may file additional written comments with the Commission solely in relation to the capacity rate calculation issue raised in Rogers’ application and examined in the attached interrogatories, serving copies on all other parties, by 27 July 2012.

Cogeco, Quebecor Media and Rogers may file reply comments with the Commission solely in response to the comments filed above in relation to the issue of the capacity rate calculation, serving copies on all other parties, by 3 August 2012.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. Copies of the documents should also be sent to

Parties may file their submissions electronically or on paper. Submissions longer than five pages should include a summary.

Electronic submissions should be in HTML format. As an alternative, those making submissions may use Microsoft Word for text and Microsoft Excel for spreadsheets.

Each paragraph of all submissions should be numbered. In addition, the line ***End of document*** should be entered following the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Yours sincerely,

‘Original signed by Y. Davidson’

Yvan Davidson
Director, Competitor Services and Costing
Telecommunications Directorate

c.c.: Interested Parties to Telecom Notice of Consultation 2011-77
Chris Seidl, CRTC,
Lynne Fancy, CRTC,
Thomas Hui, CRTC,

Attach. (2)

Interested Parties to Telecom Notice of Consultation 2011-77;;;;;;;;;; ;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

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