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Ottawa, 17 January 2013

Our reference: 8640-B54-201215137
8640-B54-201213702

BY EMAIL

regulatory@bell.aliant.ca
regulatory@fibernetics.ca
rishi.patel@flexity.ca
regulatory@terago.ca

RE: Application for forbearance from the regulation of residential local exchange services in various Bell Aliant exchanges – Additional Application Recipients

Dear Madam, Sir:

On 30 November 2012, the Commission received a Part 1 application by Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), requesting forbearance from the regulation of residential local exchange services in various exchanges in Ontario and Quebec. Bell Aliant copied EastLink, Cogeco, DERYtelecom, Distributel, Execulink, MNSi, Quadro, Rogers, TELUS Mobility, Vidéotron, and Wightman on its application.

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 a letter dated 15 January 2013, Bell Aliant noted that it was also copying Fibernetics Corporation (Fibernetics), FlexITy Solutions Inc. (FlexITy), and TeraGo Networks Inc. (TeraGo) on its application. It also noted that these three companies are CLECs offering business local exchange services in some or most of the exchanges that are the subjects of the application and that they were not relied upon to meet the competitor presence criterion. Bell Aliant further noted that the CLECs and TSPs whose presence was noted in the application, in addition to the three CLECs noted above, make up all the known CLECs and TSPs offering local exchange services in the exchanges covered by the application.

In the same letter, Bell Aliant confirmed that it had copied all known CLECs and TSPs on an application for forbearance from the regulation of residential local exchange services in the exchanges of Bishop's Falls, Botwood, Gander and Grand Falls in the province of Newfoundland and Labrador filed on 31 October 2012 (File No. 8640-B54-201213702).

Although Fibernetics, FlexITy, and TeraGo did not receive copies of the 30 November 2012 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, the companies may already have been aware of it.

In the circumstances, staff considers it appropriate to extend the comment period for this file as follows:

  1. Fibernetics, FlexITy, and TeraGo may file comments on the application by 25 January 2013.
  2. Bell Aliant may file reply comments by 30 January 2013.

Comments must be filed with the Commission, copying Bell Aliant and the other TSPs listed below.

Yours sincerely,

Original signed by

Michel Murray
Director, Regulatory Implementation
Telecommunications

c.c.: Regulatory.Matters@corp.eastlink.ca
telecom.regulatory@cogeco.com
cedric.tardif@derytelecom.ca
anne.mcmillan@distributel.ca
jonathan.scott@execulink.com
clayton@mnsi.net
barry.stone@quadro.net
David.Watt@rci.rogers.com
tom.woo@telus.com
regaffairs@quebecor.com
kgugan@wightman.ca
Laurie Ventura, Manager – Tariffs, CRTC (819) 997-4589, laurie.ventura@crtc.gc.ca

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