ARCHIVED - Telecom Procedural Letter Addressed to Yuval Barzakay (Comwave Networks Inc.) and Samer Bishay (Iristel Inc.)

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Ottawa, 6 May 2015

Our reference: 8640-T66-201502138

BY EMAIL

Mr. Yuval Barzakay
President
Comwave Networks Inc.
61 Wildcat Road
Toronto, Ontario M3J 2P5
ybarzakay@comwave.net

Mr. Samer Bishay
President
Iristel Inc.
675 Cochrane Drive, 6th Floor
East Tower
Markham, Ontario L3R 0B8
regulatory@iristel.com

Re: Application by TCC for forbearance from the regulation of business local exchange services in various exchanges in Alberta, British Columbia, and Quebec

Dear Sirs,

On 3 March 2015, TELUS Communications Company (TCC) filed the above referenced application. In it, TCC requested forbearance from the regulation of business local exchange service in various exchanges in Alberta, British Columbia, and Quebec.

Responses to TCC’s application were due by 7 April 2015. Commission staff notes that Comwave and Iristel were identified as competitors in TCC’s application, but did not provide a response.

Commission staff notes that competitive local exchange carriers (CLECs) using their own facilities to provide local exchange services, identified as a competitor on whose presence the applicant incumbent local exchange carrier (ILEC) justifies its business services forbearance request in an exchange, are to file the following information:

  1. For each wire centre in each exchange, provide the total number of business local access lines, as applicable, capable of being served with local exchange services. If this information is not available, for each wire centre in the exchange, provide the total number of business local access lines capable of being served with local exchange services.
  2. Provide all assumptions made, and all evidence supporting your conclusions.

Commission staff notes that CLECs who rely on local exchange carriers’ or third parties’ leased local access transmission facilities to provide local exchange services, identified as a competitor on whose presence the applicant ILEC justifies its business forbearance request in an exchange, are to file the following information:

  1. For each exchange, identify each ILEC wire centre where you offer service.
  2. Provide, by wire centre and by remote, the percentage of the total number of business local access lines, as applicable, capable of being served with local exchange services.
  3. Provide all assumptions made and all evidence supporting your conclusions.

Commission staff notes that in a situation where a competitor provides a statement indicating that it is capable of service at least 75% of the number of business local exchange lines, as applicable, in an exchange for which an ILEC has filed for forbearance from regulation, the competitor is not required to provide the above information. However, a statement indicating otherwise must be supported with the above-noted evidence and any other relevant information. Commission staff notes that it is in the best interest of all competitors involved in these local forbearance applications that the Commission has a complete record. The failure to present all relevant information may result in an adverse inference to be drawn by the Commission.

In light of the above, Commission staff modifies the procedure for the above noted application such that, by no later than 19 May 2015, Comwave and Iristel must file with the Commission the information required above in response to TCC’s above-mentioned business local forbearance application, specifically with regard to the exchanges where Comwave and/or Iristel are identified as competitors by TCC in its application.

Yours sincerely,

Original signed by

Renée Doiron
Acting Director, Competition and Emergency Service Policy
Telecommunications Sector

c.c.: Stephen Schmidt, TCC, regulatory.affairs@telus.com
Kevin Pickell, CRTC, kevin.pickell@crtc.gc.ca

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