ARCHIVED - Telecom Commission Letter Addressed to Distribution List
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Ottawa, 2 March 2015
Our reference: 8690-T66-201501107
BY EMAIL
Distribution List
RE: Part 1 Application - Request for Commission direction to utilize the Model Municipal Access Agreement as basis for negotiations – Request for Interim Relief
On 2 February 2015, the Commission received an application from Bell Canada, MTS Inc. and Allstream Inc. (collectively MTS Allstream), Rogers Communications Partnership, Shaw Cablesystems G.P. (Shaw) and TELUS Communications Company (collectively, the Carriers), requesting, amongst other things, that the Commission order the City of Calgary (the City) to continue to provide access to its municipal rights-of-way pursuant to existing terms of access under current (or the most recent expired) agreements with the City.
By letter dated 26 February 2015, the Carriers requested that the Commission consider on an expedited basis issuing an order to the City to continue providing access to municipal rights-of-way pursuant to existing terms of access pending the Commission’s final determination of the application. The Carriers stated that this procedural request was made necessary by the City’s actions since the filing of their application.
They stated that on 4 February 2015, each of the Carriers (except for Shaw) received a letter from the City enclosing the City’s “final” municipal consent and access agreement (MCAA), indicating that it had been approved by City Council. The City’s letters instructed each respective Carrier to sign and return the form of MCAA by 6 March 2015. The letters further indicated that, should a Carrier not execute the MCAA by that date, “the City’s consent will be required for each and every application to access the City’s Municipal Rights of Way prior to the approval of an alignment or release of any permit”.
In view of the circumstances, the City is requested to file with the Commission, serving a copy on the Carriers, a response to the Carriers request for interim relief, specifically addressing the criteria for such relief, by 6 March 2015. The Carriers may file a reply with the Commission by 10 March 2015, serving a copy on the City.
As part of its response, the City is to clearly set out the procedures by which it intends to consider requests for access to municipal-rights-of-way after 6 March 2015 and explain whether and how these procedures will ensure that continuity of service, including end-user access to 9-1-1, will not be jeopardized.
The above-established procedure is restricted to the request for interim relief therein discussed and in no way impacts the timelines associated with the consideration of the final relief requested as part of the Part 1 application.
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 Robert Martin for
Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector
c.c.: Jesslyn Mullaney, CRTC, 819-953-5255, jesslyn.mullaney@crtc.gc.ca
Attach. Distribution List
Distribution List:
Bell Canada, bell.regulatory@bell.ca
MTS Allstream, iworkstation@mtsallstream.com
Rogers Communications, Pamela.dinsmore@rci.rogers.com
Shaw Communications Inc., regulatory@sjrb.ca
TELUS Communications Company, regulatory.affairs@telus.com
The City of Calgary, Maryanne.bendfeld@calgary.ca
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