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Our File: 8690-G44-201204627

Ottawa, August 23, 2012


Mr. Edward Antecol
Globalive Wireless Management Corp.
Vice President Regulatory and Carrier Relations
207 Queen’s Quay West, Suite 710
Toronto, Ontario M5J 1A7

Mr. Ted Woodhead
Vice President
Telecom Policy & Regulatory Affairs
TELUS Communication Company
215 Slater Street, Suite 800
Ottawa, Ontario  K1P 0A6

Dear Sirs:

RE: Part I Application Globalive Wireless Management Corp. doing business as WIND Mobile (WIND) for Access to Canada Line Underground Tunnels and Stations

On 9 July 2012 the Commission received documentation from Globalive Wireless Management Corp., operating as WIND (WIND) and from TELUS Communications Company (TCC) in response to Commission staff’s requests for further information for the purposes of the preliminary analysis of the above-noted application.

This information provided details with respect to the following series of offers and counter-offers that were exchanged between WIND and TCC prior to the filing of the above-noted application:

Commission staff notes that notwithstanding the progress made between WIND and TCC from 1 March 2012 to 16 April 2012, as evidenced in the offers and counter-offers listed above, WIND filed its Part 1 application on 18 April 2012 requesting that the Commission:

  1. find that the Canada Line Lands constitute a “highway or other public place” within the meaning of section 43 of the Telecommunications Act (the Act); and
  2. direct the City of Vancouver and/or InTransitBC to negotiate a fee structure and other terms of access that are based on causal costs for WIND to have ongoing access to the Canada Line Lands for the purpose of constructing, maintaining and operating its transmission lines consistent with the Ledcor principles.

Commission staff notes that WIND and TCC have agreed to all but one cost element for the use of the existing CLLWS.  The documentation reveals that WIND and TCC have moved considerably closer with respect to the outstanding item to be agreed upon. Based on the progress made by WIND and TCC towards reaching an agreement for access by WIND to the CLLWS in their previous negotiations, Commission staff considers that continued negotiations in good faith between the parties may lead to an agreement.

Accordingly, Commission staff considers that WIND and TCC should resume negotiations regarding access by WIND to the CLLWS. WIND and TCC are to advise the Commission by October 4 2012 with respect to the outcome of these negotiations.

Commission staff notes that if WIND and TCC are not able to reach an agreement byOctober 4 2012, the Commission will resume consideration of the above-noted Part 1 application and the parties will be asked to file additional information to complete the record, which, in part, relates to various issues raised by the City of Vancouver and InTransitBC regarding the applicability of section 43 of the Act. For example, additional information will be required regarding the nature and scope of the subsurface and other statutory rights of way to Canada Line lands to assist in determining the extent to which the Canada Line lands constitute a “public place.”

Yours sincerely,

Original signed by:

John Macri for

Chris Seidl
Executive Director

c.c:  City of Vancouver,
InTransit BC Limited Partnership,

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