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Ottawa, 31 October 2013

Our reference: 8638-S9-201314046

BY EMAIL

Mr. Paul Cowling
Senior Director
Regulatory Affairs
Shaw Communications Inc.
40 Elgin Street, Suite 1400
Ottawa, Ontario K1P 5K6
Regulatory@sjrb.ca

Mr. Ted Woodhead
Senior Vice-President
Federal Regulatory and Government Affairs
TELUS Communications Company
215 Slater Street, 8th Floor
Ottawa, Ontario K1P 0A6
regulatory.affairs@telus.com

RE: Application for an order that TELUS Communications Company’s (TCC) censuses of its support structures to determine the number of service poles in use by licensees are in breach of directives contained in Telecom Order CRTC 2013-114

Dear Sirs:

On 24 October 2013, Shaw Communications Inc. (Shaw) filed the above-noted application requesting certain relief related to the census of service pole and other attachments currently being undertaken by TCC.

Shaw also requested that the Commission abridge the timelines normally applicable to applications made pursuant to Part 1 of the CRTC Rules of Practice and Procedure. Shaw proposed that TCC’s answer be filed within 15 days of the posting of this application on the Commission’s website and that Shaw’s reply comments be filed within 5 days of receipt of TCC’s answer. Shaw submitted that the requested abridgement is appropriate given that TCC is proceeding apace and on a unilateral basis with a full census of pole support structures in the province of British Columbia in contravention of the directives contained in Telecom Order 2013-114. Shaw submitted that TCC has also issued invoices and has threatened the imposition of late payment fees.

In a letter dated 25 October 2013, TCC opposed Shaw’s request for abridged timelines, in light of the number of serious issues raised by Shaw in its application.

In a letter dated 28 October 2013, Shaw reaffirmed its request for an abridged proceeding so that the proceeding could be completely as quickly as possible.

Commission staff considers that the issues raised by Shaw in this proceeding are complex, and notes that the Commission’s determination on this matter could have a serious financial impact on the companies involved. In this regard, Commission staff considers that an abridged timeline could negatively impact the parties’ abilities to produce a full record for the Commission’s consideration. Commission staff therefore considers that it would be inappropriate to modify normal Commission processes in this case.

Accordingly, TCC may file comments on Shaw’s application by 25 November 2013, serving copies on Shaw. Shaw may file reply comments by 5 December 2013, serving copies on TCC.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Yours sincerely,

Original signed by

Mario Bertrand
Director, Dispute Resolution

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