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Ottawa, 3 April, 2014
Mr. Ryan Lausman
VP Systems and Network Operations
Data & Audio Visual Enterprises Wireless Inc. (MOBILICITY Wireless)
555 Hanlan Road, Unit 8, 2nd Floor
Woodbridge, Ontario L4L 4R8
RE: Mobilicity Text messaging with 9-1-1 service implementation deadline
In letters dated 16 January 2014 and 11 February 2014, Mobilicity indicated to the Commission that due to its current financial status, it would not be in a in a position to implement the Text with 9-1-1 service (T9-1-1) by 24 January 2014, as required in CRTC Telecom Decision 2013-22. In the Decision, the wireless carriers and Incumbent Local Exchange Carriers were directed to make the changes in their networks, systems, and processes required to support the provision of T9-1-1 for hearing- or speech-impaired persons by that date.
Mobilicity noted that it has been under the protection of the Companies’ Creditors Arrangement Act (“CCAA”) since 30 September 2013 in order to restructure its affairs. Further, while Mobilicity had prepared a T9-1-1 implementation plan, as a result of the significant restrictions on all of its expenditures, especially those of a capital nature, and necessary approvals required thereof, Mobilicity was not in a position to procure the necessary vendor assistance to implement its T9-1-1 plan.
Also, pursuant to an order of the Court made on 13 November 2013, Mobilicity, under the supervision of a court-appointed monitor, commenced a competitive and
comprehensive sale process inviting potential purchasers to submit bids for any or all of Mobilicity’s assets. In this sale process, Mobilicity has received a number of bids, certain of which were for specific assets, and others were for all of Mobilicity’s assets. Mobilicity and the Court-appointed Monitor are currently evaluating the bids received and the options available to Mobilicity.
While we are understandably concerned at the situation, Commission staff does appreciate the practical and financial difficulties currently faced by Mobilicity in accessing the vendor assistance necessary to implement T9-1-1. In the circumstances, it is reasonable that Mobilicity not be required to be in a position to provide T9-1-1 at this time. Should Mobilicity emerge from creditor protection and continue to operate as a wireless company, Mobilicity is to file within 15 days of the Stay Order having been lifted, its plan proceed with implementation of T9-1-1, including implementation timelines.
Mobilicity must keep the Commission apprised of any significant developments regarding its credit protection status and sale process.
Original signed by Lyne Renaud for
c.c. : Virginie Gauthier, Norton Rose and Fulbright, Virginie.Gauthier@nortonrosefulbright.com
Renée Doiron, CRTC, 819-9972755, email@example.com ,
James Ndirangu CRTC, 819-997-3670, firstname.lastname@example.org
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