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Ottawa, 10 October 2013
Our Reference: 8622-B2-201312917
BY EMAIL
Howard M. Hacker
Legal Counsel
Plazacorp Investments Limited
10 Wanless Avenue, Suite 201
Toronto, Ontario M4N 1V6
hhacker@plazacorp.com
RE: Interrogatories with respect to the request from Bell Canada for access to Plaza Corporation's York Harbour Club
On 20 September 2013, Bell Canada filed an application pursuant to Broadcasting and Telecom 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 and Developer Installation Agreement, to Plazacorp Investments Limited's (Plazacorp) York Harbour Club multi-dwelling unit project currently under construction.
In a letter dated 10 October 2013, the Commission determined that it would 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.
Commission staff considers that additional information is required in order for the Commission to consider Bell Canada’s request for an order granting timely access on commercially reasonable terms to York Harbour Club. Plazacorp is therefore required to provide comprehensive answers, including any supporting information, to the attached interrogatories.
Pursuant to subsection 37(2) of the Telecommunications Act (the Act), the Commission may require a person other than a Canadian carrier that is in possession of information that the Commission considers necessary for the administration of the Act, to submit the information to the Commission.
As set out in Broadcasting and Telecom Information Bulletin 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, parties may designate certain information as confidential. Parties must provide an abridged version of the document involved, accompanied by a note explaining how the information removed is confidential.
Responses to these interrogatories are to be filed with the Commission, and served on Bell Canada, by 16 October 2013.
Written arguments may be filed with the Commission with respect to the responses to these interrogatories, serving copies Plazacorp by 18 October 2013.
Yours sincerely
Original signed by
Mario Bertrand
Director, Dispute Resolution
Telecommunications
cc: Barry Chapman, Bell Canada, bell.regulatory@bell.ca
Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
INTERROGATORIES
Interrogatories to be answered by Plazacorp
1. Has Plazacorp granted access to the York Harbour Club multi-dwelling unit project to any telecommunication service providers (TSPs) other than Bell Canada?
a. If yes:
i. Identify each of the TSPs.
ii. For each TSP, indicate the type of access that has been granted (e.g. access to the main telephone room only or access to each individual unit)
iii. Provide the Commission with a copy of any agreements signed between Plazacorp and the TSPs.
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