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Ottawa, 20 March 2013

BY COURIER

Mr. Michael Lamb, Owner
SkySurfer Technologies Corp
1054 Peachcliff Drive
Okanagan Falls, BC
V0H 1R1

RE: Requirement to participate in the Commissioner for Complaints for Telecommunications Services Inc.

Dear Mr. Lamb:

This letter is to inform you that it appears to the Commission that SkySurfer Technologies Corp is not a participant of the Commissioner for Complaints for Telecommunications Services Inc. (CCTS) as required by Commission direction.

As described further below, SkySurfer Technologies Corp is required to respond to the Commission by 3 April 2013. 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 SkySurfer Technologies Corp to disconnect such service.

The requirement to participate in 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 participate in 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 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 SkySurfer Technologies Corp

Based on the Commission’s records, the CCTS has received an in scope complaint about SkySurfer Technologies Corp and advised you on two separate occasions, by letters received on 10 December 2012 and 18 December 2012, that the company is required to become a participant of the CCTS within five days of the receipt of notification from the CCTS. In addition, Commission staff sent you a letter dated 31 January 2013 with respect to the company’s requirement to register with CCTS. As of the date of this letter, the Commission has no evidence that SkySurfer Technologies Corp is a participant of the CCTS.

Action required

Pursuant to section 37(2) of the Telecommunications Act, the Commission hereby directs SkySurfer Technologies Corp to file by 3 April 2013 proof that it is or has become a participant of the CCTS or argument demonstrating that SkySurfer Technologies Corp does not provide services within the scope of the CCTS’s mandate. Further, SkySurfer Technologies Corp is to identify the service provider(s) it obtains service from as well as a list of the services provided to SkySurfer Technologies Corp.

If SkySurfer Technologies Corp fails to respond by 3 April 2013, the Commission will take further steps to enforce its participation requirement. In particular, the Commission intends to initiate a proceeding, during which SkySurfer Technologies Corp will be required to show cause as to why the Commission should not require the Canadian carrier that provides services to SkySurfer Technologies Corp to disconnect such services, given that SkySurfer Technologies Corp’s participation in the CCTS is a condition of providing service to SkySurfer Technologies Corp under section 24 of the Telecommunications Act.

You can contact the CCTS for information on how to become a participant 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.

Yours sincerely,

‘Original signed by’

John Traversy
Secretary General

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

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