ARCHIVED - Telecom Commission Letter Addressed to Paul Cowling (Shaw Cablesystems G.P.)

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Ottawa, 12 December 2014

Our reference:  8690-S9-201411967

By Email

Mr. Paul Cowling
Vice President, Regulatory Affairs
Shaw Cablesystems G.P.
40 Elgin Street, Suite 1400
Ottawa, Ontario  K1P 5K6

RE: Shaw Cablesystems G.P. - Application regarding alleged overbilled charges by TELUS Communications Company for service poles in British Columbia

Dear Sir,

On 19 November 2014, Shaw Cablesystems G.P. (Shaw) filed the above referenced application. In it, Shaw alleged that TELUS Communications Company (TCC) was overbilling it for service poles in British Columbia, in particular due to service poles located on private property.

On 5 December 2014, TCC filed a letter with the Commission, requesting that the Commission strike certain portions of Shaw’s application from the record, on the basis that portions of Shaw’s application contemplated issues before the Commission raised by Raftview Communications Ltd. (Raftview)  in a Part 1 application filed by Raftview on 23 July 2014.

On 9 December 2014, Shaw filed a letter with the Commission, requesting that the Commission dismiss TCC’s request.

In Raftview Communications Ltd. - Request for relief from alleged inappropriate charges by TELUS Communications Company for privately owned service poles, Telecom Decision CRTC 2014-645, 12 December 2014 (Telecom Decision 2014-645), the Commission found that TCC is precluded by its Support Structure Service tariff from charging licensees for service poles it does not own, unless the company has an agreement through which it has the right to provide licensees with access to those poles, and hence, exercises control over those poles.  Further, the Commission directed TCC to withdraw all invoices to Raftview and/or provide refunds to Raftview, as appropriate, for payments related to privately owned service poles that TCC does not control.  The Commission also directed TCC to apply the findings in the decision to any other similarly placed licensees.

In light of the above, Commission staff modifies the procedure for the above noted application as follows:

1) By no later than 13 January 2015, Shaw must file with the Commission and serve a copy on TCC, its position as to which, if any, issues set out in its application it considers have not been resolved as a result of Telecom Decision 2014-645, and what relief, if any, is still requested from the Commission with respect to these issues.

2)TCC and any interested persons may file an answer or an intervention in response to Shaw’s application, as modified by its 8 January filing, by 12 February 2015.

3) Shaw may file its reply by 23 February 2015.

Yours sincerely,

Original signed by

Mario Bertrand
Director, Dispute Resolution

c.c.:  Kevin Pickell, CRTC,

TELUS Communications Company,

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