ARCHIVED - Letter
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Ottawa, 23 December 2013
Our File: 8690-G44-201204627
Mr. Edward Antecol
Globalive Wireless Management Corp.
Vice President Regulatory and Carrier Relations
207 Queen’s Quay West, Suite 710
Toronto, Ontario M5J 1A7
RE: Part I Application Globalive Wireless Management Corp. doing business as WIND Mobile (WIND) for Access to Canada Line Underground Tunnels and Stations
Dear Mr. Antecol:
On 18 April 2012, Globalive Wireless Management Corp. doing business as WIND Mobile (WIND) filed an application seeking an order for access to the underground tunnels and subways stations of the Canada Line within the City of Vancouver for the purposes of constructing, maintaining and operating transmission lines, under terms and conditions that are consistent with the principles set out in Ledcor/Vancouver - Construction, operation and maintenance of transmission lines in Vancouver, Decision CRTC 2001-23, 25 January 2001.
On 9 July 2012, the Commission received documentation from WIND and from TELUS Communications Company (TCC) in response to Commission staff’s requests for further information for the purposes of the preliminary analysis of the above-noted application. The information provided details with respect to a series of offers and counter-offers that were exchanged between WIND and TCC regarding access to the Canada Line Lands Wireless System (CLLWS), prior to the filing of the above-noted application.
By letter dated 23 August 2012, Commission staff noted that based on the information received on 9 July 2012, WIND and TCC had agreed to all but one cost element for the use of the existing CLLWS and that WIND and TCC had moved considerably closer with respect to the outstanding item to be agreed upon. Based on the progress made by WIND and TCC towards reaching an agreement for access by WIND to the CLLWS in their previous negotiations, Commission staff considered that WIND and TCC should resume negotiations regarding access by WIND to the CLLWS. WIND and TCC were to advise the Commission by October 4 2012 with respect to the outcome of these negotiations.
By letter dated 4 October 2012, WIND and TCC reported that the parties had resumed negotiations and were working towards an agreement. Both parties stated that there appeared to be no roadblocks in reaching a full and complete agreement but that an additional month would be required to complete an agreement with all pertinent details. WIND and TCC indicated that they would report to the Commission on 4 November 2012.
By letter dated 1 November 2012, WIND and TCC reported that they were working towards an agreement, noting that technical information had been exchanged and a schedule of work was being prepared. WIND and TCC stated that they would report to the Commission on or before 5 January 2013 with a final update.
By letter dated 11 January 2013, WIND and TCC reported that they were working towards an agreement, noting that a basic design and a Canada Line contact for training purposes had been provided to WIND and that in the next few weeks TCC would be providing a full project plan with associated costs for purpose of sign-off by WIND and full implementation. WIND and TCC stated that they would report to the Commission with an update on or before 11 February 2013.
By letter dated 12 February 2013, WIND and TCC reported that they were continuing to work toward an agreement, noting that a statement of work with associated costs was being prepared for the purposes of sign-off by WIND and full implementation. WIND and TCC stated that they would report to the Commission with an update.
Commission staff notes that based on the reports as noted above, WIND and TCC have made considerable progress in their negotiations to reach an agreement for access by WIND to the CLLWS, in particular, that a statement of work with associated costs was being prepared for the purposes of sign-off by WIND and full implementation.
Commission staff considers however that a substantial length of time has passed since the last report of 12 February 2013, for WIND and TCC to have advised the Commission that they have finalized an agreement or that they have not reached an agreement. As stated in the Commission staff’s letter of 23 August 2012, if WIND and TCC were not able to reach an agreement, the Commission would resume consideration of WIND’s Part I application. In view of the length of time since the last report of 12 February 2013 during which the Commission has not been advised as to the status of negotiations between the parties, the file relating to the Part 1 application filed by WIND on 18 April 2012 is closed.
Original signed by
c.c: TELUS Communication Company firstname.lastname@example.org
City of Vancouver, email@example.com
InTransit BC Limited Partnership, firstname.lastname@example.org
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