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Ottawa, 10 August 2012

Our Reference: 8622-C6-201208471


To: Distribution List

Dear Madams/Sirs:

RE: Cogeco Cable Inc. Part 1 Application regarding Quebec small ILECs granting themselves an undue preference

On 9 August 2012, the Commission received a letter from TELUS Communications Company (TCC) requesting that the process in the above mentioned Part 1 Application be amended in order to allow TCC to file reply comments by
22 August 2012.

Commission staff notes that TCC had the opportunity to submit an intervention in response to this Part 1 application by 8 August 2012 but chose not do so.

Commission staff further notes that Cogeco Cable Inc.’s (Cogeco’s) Part 1 Application regarding undue preference is between Cogeco and Téléphone Guèvremont Inc., Téléphone Milot Inc., Sogetel Inc., and CoopTel (the small ILECs). As in the case of all allegations of undue preference contrary to subsection 27(2) of the Telecommunications Act the burden of proof is on the applicant, to demonstrate the existence of a preference.  The respondent to an undue preference application has the burden to demonstrate that any such preference was not unjust or undue.  It is up to the parties to provide the Commission with the necessary evidence to meet their respective burdens.

In light of the above, Commission staff will not amend the process already in place.  Accordingly, Cogeco may file reply comments in the above mentioned Part 1 Application by 15 August 2012.

In accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, if a document is to be filed or served by a specific date, the document must actually be received, not merely sent, by the date indicated.  A document must be filed with the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due.

Copies of the documents should also be sent to the following e-mail address:

Yours sincerely,

‘Original signed by M. Bertrand’

Mario Bertrand
Director, Dispute resolution and decisions

Distribution List;;;;;;;;;;;;;

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