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File No.: 8640-M5-201213165
Mr. Richard Banks
Mornington Communications Co-operative Limited
16 Mill Street East
RE: Application for forbearance from the regulation of business local exchange services in the exchange of Milverton, Ontario
On 19 October 2012, the Commission received a Part 1 application by Mornington Communications Co-operative Limited (Mornington), requesting forbearance from the regulation of business local exchange services in the exchange of Milverton, Ontario.
Commission staff notes that Forbearance from the regulation of retail local exchange services, Telecom Decision CRTC 2006-15, 6 April 2006, as amended by Order in Council P.C 2007-532, 4 April 2007 (modified Telecom Decision 2006-15), specifies that
The applicant ILEC [incumbent local exchange carrier] will, prior to filing, serve a copy of its application on all registered CLECs [competitive local exchange carriers] and any other known TSP [telecommunications service provider] providing local exchange service in the relevant market. Other parties that may be interested in commenting on such applications for local forbearance will be responsible for monitoring the Commission's website in order to be aware of when such applications have been filed.
In Framework for forbearance from regulation of retail local exchange services in the serving territories of the small incumbent local exchange carriers, Telecom Regulatory Policy CRTC 2009-379, 23 June 2009 (TRP 2009-379), the Commission determined that modified Telecom Decision 2006-15 would apply to local forbearance applications from small ILECs, except where otherwise indicated in TRP 2009-379.
Commission staff notes that the cover letter that accompanied Mornington’s application did not indicate that the application had been sent to any CLECs or other TSPs operating in the Milverton exchange. However, in a letter dated 4 January 2013, Mornington confirmed to the Commission that it was copying Bell Canada and TELUS Communications Company (TCC) on the application on 4 January and that it had served Rogers Communications and EastLink with a copy of the original application on 19 October 2012. Mornington stated that as far as it was aware, there are no other wireless service providers or local exchange providers in the 519-595 service area.
Although Bell Canada and TCC did not receive a copy of the application when it was filed, as required by Telecom Decision 2006-15, staff considers that given that the application was posted for comments on the Commission’s website for a period of 30 days, these parties may already have been aware of the application.
In the circumstances, staff considers it appropriate to extend the comment period for this file as follows:
- Bell Canada and TCC may file comments on the application by 17 January 2013.
- Mornington may file reply comments by 22 January 2013.
Comments must be filed with the Commission, copying Mornington and all other TSPs listed below.
‘Original signed by M. Murray
Director, Regulatory Implementation
Laurie Ventura, Manager – Tariffs, CRTC (819) 997-4589, firstname.lastname@example.org
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