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Ottawa, 15 November 2013

Our reference: 8340-O31

BY EMAIL

Mr. Tracy Cant
Director of Finance and Regulatory Matters
Ontera
555 Oak Street East
North Bay, Ontario P1B 8L3
tracy.cant@ontera.ca

RE: Master Agreement for Local Interconnection with Agilis Networks

Dear Sir:

Commission staff has received a complaint from Agilis Networks (Agilis), concerning Ontera’s apparent refusal to sign a Master Agreement for Local Interconnection (MALI) with Agilis.

Commission staff understands that Mr. Geoff Cowie, Ontera General Counsel explained to Mr. David McKeown, working on behalf of Agilis, that Ontera could not sign the MALI because it is inconsistent with the Province of Ontario's Financial Administration Act.

Commission staff also understands that Mr. McKeown asked Ontera to provide alternative wording for the MALI, but that he did not receive any response to that request.

Commission staff notes that from documentation previously filed with the Commission, it appears that Ontera has entered into MALIs with at least Bell Aliant Regional Communications, Limited Partnership, Bragg Communications Incorporated (Eastlink), NorthernTel, Limited Partnership, and TELUS Communications Company.

Commission staff requests that Ontera respond, copying Agilis, by 22 November 2013 with its rationale as to why it was previously able to enter into MALIs with other companies, but it is now apparently no longer able to do so with Agilis. Ontera may also respond with proposed alternative wording for inclusion in the MALI, for Agilis’ consideration.

Agilis may file comments on Ontera’s reply by 26 November 2013.

Yours sincerely,

Original signed by

Michel Murray
Director, Regulatory Implementation
Telecommunications

c.c.: David McKeown, View Communications, dmckeown@viewcom.ca
Bob Martin, CRTC, 819-953-3361. robert.martin@crtc.gc.ca

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