ARCHIVED - Telecom Procedural Letter Addressed to Various Parties Interested in the Part 1 Application regarding imbalance payments to Fibernetics Corporation for the termination of traffic

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Ottawa, 19 December 2014

Our reference:  8695-B54-201410902

BY EMAIL

Ms. Suzanne Morin
General Counsel – Regulatory and Privacy Chief
Bell Aliant Regional Communications, L.P.
160 Elgin Street, 19th floor
Ottawa, Ontario K2P 2C4
regulatory@bell.aliant.ca

Mr. Philippe Gauvin
Counsel, Regulatory Law and Policy
Bell Canada
160 Elgin Street, 19th floor
Ottawa, Ontario K2P 2C4
bell.regulatory@bell.ca

Mr. Rick Scheihauf
VP- Regulatory Affairs and Carrier Relation
Fibernetics Corporation
605 Boxwood Drive
Cambridge, Ontario N3E 1A5
regulatory@fibernetics.ca

RE: Part 1 Application regarding imbalance payments to Fibernetics Corporation for the termination of traffic

On 21 October 2014, Bell Aliant Regional Communications Inc. and Bell Canada (collectively, the Bell companies) filed an application regarding the Commission’s local imbalance compensation regime.

By letter dated 7 November 2014, Fibernetics Corporation’s (Fibernetics) requested that the Commission (1) order the Bell Companies to file with the Commission and disclose fully to Fibernetics all of the underlying data, assumptions and methodology on which the claims made in the application were based and (2) extend the date for filing its answer.

By letter dated 17 November 2014, the Bell companies did not object to providing the information. The Bell companies submitted however, that the requested information pertains to call details regarding facilities leased by a third party and that pursuant to their confidentiality agreements signed with that party they cannot release these call details nor the identity of the third party without a directive from the Commission requiring them to do so. In addition, the Bell companies submitted that it did not object to Fibernetics' procedural request for delay especially if rates are made interim.

By letter dated 19 November 2014, Commission staff suspended the date for Fibernetics to file an answer, pending a Commission decision on the Bell companies request for a directive from the Commission for the disclosure of confidential information.

In Telecom Decision 2014-668Footnote 1, published today, the Commission, among other things, directed the Bell companies to disclose the confidential information to Fibernetics, in confidence, by 19 January 2015.

In view of the above, the date to file an answer or an intervention in this proceeding is 19 February 2015.

Commission staff notes that on 24 November 2014, MTS Inc. and Allstream Inc. (together, MTS Allstream) filed an intervention on the Part 1 application. MTS Alltream’s comments will form part of the record of this proceeding.

The Bell companies may file a reply comment by 2 March 2015, serving a copy on Fibernetics, MTS Allstream and any other interested party.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Sincerely,

Original signed by

Mario Bertrand
Director, Dispute Resolution

cc:       Jesslyn Mullaney, CRTC, jesslyn.mullaney@crtc.gc.ca
MTS Allstream, iworkstation@mtsallstream.com

Footnote 1

Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Request for disclosure of confidential information and for interim relief regarding traffic imbalance payments to Fibernetics Corporation, Telecom Decision CRTC 2014-668, 19 December 2014

Return to footnote 1 referrer

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