ARCHIVED - Telecom Commission Letter addressed to Stephen Schmidt (TELUS Communications Company)

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Ottawa, 17 October 2014

File number: 8620-P8-201405606


Mr. Stephen Schmidt
Telecom Policy & Chief Regulatory Legal Counsel

Re:  Application regarding Rogers “Next” and TELUS “T-UP!” – Follow-up to request for further information

Dear Mr. Schmidt:    

On 17 June 2014, the Public Interest Advocacy Centre and the Consumers’ Association of Canada (collectively “PIAC-CAC”) submitted a part 1 application regarding the Rogers Next program offered by Rogers Communications Partnership (Rogers) and the T-UP! program offered by Telus Communications Company (TELUS). 

On September 12, 2014, Commission staff sent a letter requesting further information from TELUS and other parties.  This letter is a follow-up to that request. 

In order for the Commission to properly dispose of PIAC-CAC’s application, the Commission requires clarification on part of TELUS’ response, dated October 3, 2014.    

Accordingly, TELUS is to file with the Commission, no later than 31 October 2014, a response to the interrogatories below and to serve a copy on all partiesFootnote 1 to the proceeding.

Interrogatories to TELUS:

In its response to question 4(b) of the Commission staff letter dated
September 12, 2014, TELUS provided Appendix A (the certificate associated with T-UP! that includes AppleCare+) and Appendix B (the certificate associated with T-UP! that includes TELUS Device Care). 

The information provided in these two certificates differs with regards to the terms and conditions associated with cancellation.  One certificate states that amounts billed to
T-UP! customers for their participation in the program will not be reimbursed upon cancellation, whereas the other does not.  Specifically, the certificate for T-UP! with AppleCare+, the second to last paragraph states:

“Your program cost will be $10 per month.  If you cancel T-UP! or your service with TELUS, TELUS will let Apple know and cancel the AppleCare+ service.  The monthly charge for T-UP! will then stop.  Amounts billed before the cancellation will not be reimbursed.” (emphasis added)

However, in the certificate for T-UP! with TELUS Device Care, the second to last paragraph fails to mention this condition of the program:

“Your program cost will be $10 per month.  Your enrollment in the T-UP! and TELUS Device Care programs will be cancelled if you cancel your subscription or your service with TELUS, if an ineligible device is enrolled, or if you do not pay the monthly program cost or other obligations.”

Please confirm that amounts billed for participation in the T-UP! program are not reimbursable upon cancellation regardless of whether a customer signs up for the AppleCare+ warranty or the TELUS Device Care warranty and explain how customers who sign up for T-UP! with TELUS Device Care are informed that they will not be reimbursed for amounts paid upon cancellation.  

Procedural information 

This letter and all subsequent correspondence form part of a public record.  As set out in Broadcasting and Telecom Information Bulletin 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, persons may designate certain information as confidential.  A person claiming confidentiality with respect to information submitted must provide an abridged version of the document involved, accompanied by a detailed rationale to explain why the disclosure of the information is not in the public interest.

All submissions are to be made in accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277.Footnote 2

Should you have any questions regarding this letter, please contact Meghan Justus at 819-635-6959 or by email at

[Original signed]

Nanao Kachi
Director, Social and Consumer Policy

c.c.: Geoffrey White, Counsel for PIAC-CAC
John Lawford, Executive Director/General Counsel, PIAC
Bruce Cran, President, CAC
Dawn Hunt, Vice President, Regulatory for Rogers
Jean-François Mezei, Vaxination Informatique
Mirko Bibic, Bell

Footnote 1

Copies of responses are to be served to the following parties: the applicants, PIAC-CAC (;;; the respondents, Rogers ( and TELUS  (; and the interveners, Vaxination Informatique ( and Bell (

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Footnote 2

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