ARCHIVED - Letter
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Ottawa, 10 October 2013
Our reference: 8622-B2-201312917
BY EMAIL
Barry Chapman
Vice President Regulatory Affairs
Bell Canada
Floor 19, 160 Elgin Street
Ottawa, Ontario K2P 2C4
bell.regulatory@bell.ca
Howard M. Hacker
Legal Counsel
Plazacorp Investments Limited
10 Wanless Avenue, Suite 201
Toronto, Ontario M4N 1V6
hhacker@plazacorp.com
Re: Application for an expedited process to consider granting Bell Canada access to Plazacorp's York Harbour Club multi-dwelling unit
Dear Sirs:
On 20 September 2013, Bell Canada filed an application pursuant to Broadcasting and Telecom Information Bulletin 2009-38 [1] (Information Bulletin 2009-38) for an expedited hearing. Bell Canada requested an order granting it access, on terms as set out in its standard Building Access Agreement, to Plazacorp Investments Limited's (Plazacorp) York Harbour Club multi-dwelling unit project currently under construction. On 25 September 2013, Plazacorp filed a response submitting that this was not an appropriate case for an expedited hearing.
In accordance with paragraphs 31 and 32 of Information Bulletin 2009-38, this letter is to advise that Bell Canada’s request for an expedited hearing has been denied.
Information Bulletin 2009-38 provides that disputes that involve one issue – or in exceptional cases, several closely related issues – not exclusively monetary in nature and that have the following characteristics will lend themselves to the Commission’s expedited hearing process:
1. the dispute is bilateral or affects only a small number of parties;
2. the parties have been unable to resolve the dispute by alternative methods;
3. the dispute is relevant to the regulation and supervision of either the Canadian broadcasting or telecommunications system, primarily to matters of interpretation or application of an existing Commission decision, policy, or regulation; and
4. resolution of the dispute does not require a new policy or change to an existing policy.
The Commission has determined that the dispute between Bell Canada and Plazacorp does not meet the above-identified criteria. In particular, the Commission considers that the dispute involves a number of issues, including various factual issues, the resolution of which will require a more fulsome record than one which can readily be provided under the procedures set out for expedited hearings.
In light of the above and subject to what follows, the Commission will consider Bell Canada’s application in accordance with the rules set out in Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure. As such, Bell Canada’s application will be posted on the Commission’s website as a Part 1 application following the issuance of this letter.
Bell Canada may file, by 16 October 2013, a supplement to its original application.
Plazacorp and any other interested person will have until 5 November 2013 to file an answer or intervention with the Commission.
Bell Canada may file its reply arguments with the Commission by 12 November 2013.
Further, the Commission strongly encourages Bell Canada and Plazacorp to try to reach a mutually satisfying agreement in parallel with the Part 1 application.
Sincerely,
Original signed by
John Traversy
Secretary General
c.c.: Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
[1] Practices and procedures for staff-assisted mediation, final offer arbitration, and expedited hearings, Broadcasting and Telecom Information Bulletin CRTC 2009-38, 29 January 2009, as amended by Broadcasting and Telecom Information Bulletin CRTC 2009-38-1, 26 April 2010.
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