ARCHIVED - Letter
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Ottawa, 6 December 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 and
West Harbour City (III) Residences Corp.
10 Wanless Avenue, Suite 201
Toronto, Ontario M4N 1V6
hhacker@plazacorp.com
Pamela Dinsmore
Vice President Regulatory
Rogers Communications
333 Bloor Street East
Toronto, Ontario M4W 1G9
rci.regulatory@rci.rogers.com
RE: Interrogatories with respect to the request from Bell Canada for access to Plaza Corporation's York Harbour Club
Dear Madam, Sirs,
On 20 September 2013, Bell Canada filed an application requesting an order granting it access to the York Harbour Club multi-dwelling unit (MDU) project. 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 regard to Bell Canada’s application. Bell Canada, Plazacorp Investments Limited (Plazacorp), on its behalf or on behalf of West Harbour City (III) Residences (the Owner), and Rogers Communications Inc. (Rogers) are therefore required to provide comprehensive answers, including any supporting information, to the attached interrogatories.
Pursuant to subsection 37(2) of the Telecommunications 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 Procedures for filing confidential information and requesting its disclosure in Commission proceedings Broadcasting and Telecom Information Bulletin 2010-961, 23 December 2010, 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 all other parties by 12 December 2013.
Written arguments may be filed with the Commission with respect to the responses to these interrogatories, serving copies to all parties by 16 December 2013.
Yours sincerely
Original signed by
Mario Bertrand
Director, Dispute Resolution
Telecommunications
cc: Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
INTERROGATORIES
Interrogatories to be answered by Bell Canada
1. Throughout the various submissions in the present application, references are made to two empty conduits within the York Harbour Club, one being used by Rogers Communications Inc., with the second one being empty. At paragraph 12 of its 12 November 2013 Reply Comments, Bell Canada indicated the presence, in the Main Telephone Room (MTR), of two empty vertical conduits.
a) Indicate the total number of conduits extending from the MTR to each of the floor closets that are used to support York Harbour Club’s communications infrastructure.
b) Indicate how many of these conduits are empty and how many are currently in use.
INTERROGATORIES
Interrogatories to be answered by Plazacorp and/or West Harbour City (III) Residence Corp. (the Owner)
1. Throughout the various submissions in the present application, references are made to two empty conduits within the York Harbour Club, one being used by Rogers Communications Inc. (Rogers), with the second one being empty. At paragraph 12 of its 12 November 2013 reply comments, Bell Canada indicated the presence, in the Main Telephone Room (MTR), of two empty vertical conduits.
a) Indicate the total amount of conduits extending from the MTR to each of the floor closets that are used to support York Harbour Club’s communications infrastructure.
b) Indicate how many of these conduits are empty and how many are currently in use.
2. At paragraph 23 of its 5 November 2013 reply comments Plazacorp states that that Rogers will own its main risers. Clause 1 of the Rogers’ Access Agreement, filed as Schedule A to Plazacorp’s 16 October 2013 response to Commission’s interrogatories, specifies that conduits, ducts, shafts, and pipes shall be installed by the building owner and will form part of the building installation. Furthermore, at paragraph 3 of its 5 November 2013 comments, Rogers indicated that while it will retain ownership to its Distribution System, this does not include any of the conduits or wiring that have been installed by Plazacorp throughout the York Harbour Club.
Clarify whether Rogers will:
a. Own any risers and/or conduits located within the York Harbour Club.
b. Have exclusive right to use any risers and/or conduits located within the York Harbour Club.
c. If the answer to either of the above is yes, describe the layout of any such risers/conduits.
3. Provide an accurate illustration of the layout of the conduits used to support York Harbour Club’s communications infrastructure, from the street to each individual unit.
INTERROGATORIES
Interrogatories to be answered by Rogers Communications Partnership
1. At paragraph 23 of its 5 November 2013 reply comments Plazacorp states that that Rogers Communications Inc. (Rogers) will own its main risers. Clause 1 of the Rogers’ Access Agreement, files as Schedule A to Plazacorp’s 16 October 2013 response to Commission’s interrogatories specifies that conduits, ducts, shafts, and pipes shall be installed by the building owner and will form part of the building installation. Furthermore, at paragraph 3 of its 5 November 2013 Comments, Rogers indicated that while it will retain ownership of its Distribution System, this does not include any of the conduits or wiring that have been installed by Plazacorp throughout the York Harbour Club.
Please clarify whether Rogers will:
a) Own any risers and/or conduits located within thee York Harbour Club.
b) Have exclusive right to use any risers and/or conduits located within thee York Harbour Club.
c) If the answer to either is yes, describe the layout of any such risers/conduits.
2. Indicate the amount of room (diameter in mm) still available in the various risers/conduits presently being used by Rogers.
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