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Ottawa, 30 April 2013

VIA E-MAIL

Attn: Chief Executive Officer
Sunny International Services Inc.
c/o Cyberlink Pacific Telecommunication Ltd.
sunnysisc10@sunnyintl.com

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

Dear Sir/Madam:

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

As described further below, Sunny International Services Inc. is required to respond to the Commission by 13 May 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 Sunny International Services Inc. 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 Sunny International Services Inc.

Based on the Commission’s records, the CCTS has received an in scope complaint about Sunny International Services Inc. and advised you on two separate occasions, by a letter dated 21 August 2012 and by email correspondence on 10 September 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 an email dated 11 March 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 Sunny International Services Inc. is a participant of the CCTS.

Action required

Pursuant to section 37(2) of the Telecommunications Act, the Commission hereby directs Sunny International Services Inc. to file by 13 May 2013 proof that it is or has become a participant of the CCTS or argument demonstrating that Sunny International Services Inc. does not provide services within the scope of the CCTS’s mandate. Further, Sunny International Services Inc. is to identify the service provider(s) it obtains service from as well as a list of the services provided to Sunny International Services Inc.

If Sunny International Services Inc. fails to respond by 13 May 2013, the Commission will take further steps to enforce its participation requirement. In particular, the Commission intends to initiate a proceeding, during which Sunny International Services Inc. will be required to show cause as to why the Commission should not require the Canadian carrier that provides services to Sunny International Services Inc. to disconnect such services, given that Sunny International Services Inc.’s participation in the CCTS is a condition of providing service to Sunny International Services Inc. 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 Nanao Kachi at 819-997-4700.

Yours sincerely,

ORIGINAL SIGNED BY /

John Traversy
Secretary General

c.c.: Nanao Kachi, Director, Social and Consumer Policy
Josée Thibault, CCTS, josee.thibault@ccts-cprst.ca

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