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Ottawa, 14 July 2014

Our reference: 8740-C6-201405754 and 8661-C182-201405085


Mr. William Sandiford
Chair of the Board and President
Canadian Network Operators Consortium Inc.
107-85 Curlew Drive
Toronto, Ontario  M3AQ 2P8

Mr. Michel Messier
Director, Regulatory Affairs, Telecommunications
Cogeco Cable Inc.
5 Place Ville Marie, Suite 1700
Montréal, Québec  H3B 0B3

RE: CNOC – Part 1 application requesting the Commission declare Cogeco’s current TPIA capacity rate interim pending further review

Dear Sirs:

The Commission received a Part 1 application from Canadian Network Operators Consortium Inc. (CNOC), dated 30 May 2014, in which it requested the Commission declare the capacity based billing (CBB) rate for Cogeco Câble Inc.’s (Cogeco’s) Third Party Internet Access (TPIA) service interim on an expedited basis pending a future proposed filing by Cogeco to revise the capacity rate. Their request was based on the fact that Cogeco had stated, in a cost study filed in support of Tariff Notices 37B and 42B that the Cable Modem Termination System (CMTS) had decreased in price significantly. CNOC argued that the existing rates should be made interim in order to minimize the amount of time during which the CBB rate is not just and reasonable.

Cogeco submitted comments, dated 2 June 2014, in which it opposed CNOC’s request to make the CBB rate interim. Cogeco submitted that it would be premature to make the CBB rate interim without consideration of the costing information, which Cogeco indicated would be filed shortly, to support a revised CBB rate.

CNOC submitted reply comments, dated 4 June 2014, in which it requested that the Commission declare Cogeco`s CBB rate interim, as of June 18, 2014, regardless of whether Cogeco filed a tariff notice in support of a revised CBB rate by that date.

On 20 June 2014, Cogeco filed Tariff Notice 47 (TN 47) in which it proposed revisions to its TPIA tariff. Specifically, Cogeco proposed a revised CBB rate of $1,673.63 per month per 100 Mbps capacity increment.  Cogeco further requested that the Commission approve this rate on a final basis effective the date of the application.

In Telecom Order 2014-369, issued today, the Commission approved TN 47 on an interim basis. The Commission considers that with the interim approval of TN 47, the requests made by CNOC in its Part 1 application have been appropriately addressed. Accordingly, the Commission closes the file associated with CNOC’s Part 1 Application.


Original signed by

John Traversy
Secretary General

c.c.: Lyne Renaud, CRTC, 819-953-5414,
Doug Thurston, 819-997-4579,
Ramin Adim, CRTC, 819-997-4298,

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