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Ottawa, 7 November 2012

BY REGISTERED MAIL

File No.: 8665-C12-201007229

ATTN: Mr. Leslie Maerov, President
Lions Gate Internet Ltd.
4647 Hastings Street
Burnaby, BC
V5C 2K6


Subject: Requirement to become a member of the Commissioner for Complaints for Telecommunications Services Inc.

Mr. Maerov:

This letter is to inform you that it appears to the Commission that Lions Gate Internet Ltd. is not a member of the Commissioner for Complaints for Telecommunications Services Inc. (CCTS) as required by Commission direction.

As described further below, Lions Gate Internet Ltd. is required to respond to the Commission by 21 November 2012. Failure to respond could result in further action, including the initiation of a proceeding to show cause why the Commission should not order the Canadian carrier providing service to Lions Gate Internet Ltd. to disconnect such service.

The requirement to join the CCTS

The Commissioner for Complaints for Telecommunications Services Inc. (CCTS) is an independent consumer agency with a mandate to facilitate the resolution of complaints relating to services provided by telecommunications service providers to residential and small business consumers.

Pursuant to Review of the Commissioner for Complaints for Telecommunications Services, Telecom Regulatory Policy CRTC 2011-46, 26 January 2011, the Commission requires that all Canadian carriers and resellers that provide services within the scope of the CCTS’s mandate are to be members of the agency for a five-year period.


As set out in paragraph 18 of that regulatory policy,

“with respect to TSPs that were not members of the CCTS on 1 December 2010, the Commission determines, under section 24 of the Telecommunications Act, that for a period ending on 20 December 2015...
as a condition of providing telecommunications service to any reseller, all Canadian carriers are required to include in their service contracts and other arrangements with such resellers the stipulation that any such reseller is required to be a member of the CCTS commencing five days after the date on which the CCTS informs the reseller that the CCTS has received a complaint about the reseller falling within the scope of the CCTS’s mandate.”
Conclusion regarding Lions Gate Internet Ltd.

Based on the Commission’s records, the CCTS has received an in scope complaint about Lions Gate Internet Ltd. and advised you on three separate occasions, by letters received on 7 August 2012 and 21 August 2012 and by email correspondence on 27 September 2012, that the company is required to join the CCTS within five days of the receipt of notification from the CCTS. In addition, Commission staff sent you a letter dated 30 October 2012 with respect to the company’s requirement to register with CCTS. Further, as of the date of this letter, the Commission has no evidence that Lions Gate Internet Ltd. is a member of the CCTS.

Action required

Pursuant to section 37(2) of the Telecommunications Act, the Commission hereby directs Lions Gate Internet Ltd. to file by 21 November 2012 proof that it is or has become a member of the CCTS or argument demonstrating that Lions Gate Internet Ltd. does not provide services within the scope of the CCTS. Further, Lions Gate Internet Ltd. is to identify the service provider(s) it obtains service from as well as a list of the services provided to Lions Gate Internet Ltd.

If Lions Gate Internet Ltd. fails to respond by 21 November 2012, the Commission will take further steps to enforce its membership requirement. In particular, the Commission intends to initiate a proceeding, during which Lions Gate Internet Ltd. will be required to show cause as to why the Commission should not require the Canadian carrier that provides services to Lions Gate Internet Ltd. to disconnect such services, given that Lions Gate Internet Ltd’s membership in the CCTS is a condition of providing service to Lions Gate Internet Ltd. under section 24 of the Telecommunications Act.

 

 

You can contact the CCTS for information on how to become a member via the contact information below:

Howard Maker
Commissioner
Commissioner for Complaints for Telecommunications Services (CCTS)

P.O. Box 81088
Ottawa, ON
K1P 1B1

Tel: 613.688.4760
Toll-Free: 1.888.221.1687
Fax: 613.688.4751
howard.maker@ccts-cprst.ca

Should you have any questions regarding the above matter, please contact Masood Qureshi at 819-997-4387.

Sincerely,

Original signed by

John Traversy
Secretary General

c.c.: Masood Qureshi, Director, Consumer Policy

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