ARCHIVED - Telecom Commission Letter Addressed to Nathalie MacDonald (Eastlink) and William Sandiford (Canadian Network Operators Consortium Inc.)

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Ottawa, 5 August 2015

Our reference:  8740-P45-201506891


Ms. Nathalie MacDonald
Vice President’ Regulatory Matters
8th Floor, 6080 Young Street
Halifax, NS B3K 5M3

Mr. William Sandiford
Chair of the Board and President
Canadian Network Operators Consortium Inc.
107-85 Curlew Drive
Toronto, ON, M3A 2P8

RE:  Eastlink Tariff Notice 6 – Request for extension to file reply comments

Dear Madams/Sirs:

The Commission is in receipt of a letter, dated 30 July 2015, from Bragg Communications Inc., carrying on business as Eastlink, requesting an extension to 20 August 2015 for reply comments to Canadian Network Operators Consortium Inc. (CNOC) intervention of Tariff Notice (TN) 6. Eastlink submitted that the requested extension is a result of the issues raised by CNOC in its intervention combined with current regulatory workload, and availability of resources.

The Commission is also in receipt of a reply letter dated 30 July 2015 in which, CNOC expressed its concern that a further delay in the filing of Eastlink’s reply comments will not provide the Commission sufficient time to consider its request that the Commission require Eastlink to maintain the current retail Internet service resale rate formula and to apply this formula to any Eastlink TPIA service approved on an interim basis pending final disposition of Eastlink’s present tariff application.   CNOC submitted that its concern with the extension request was borne from its understanding that Eastlink would cease applying the current resale formula as of 1 September 2015.  CNOC submitted that the increase in rates that would result from this change would cause significant rate shock and harm, in particular to City Wide Communications Inc. (City Wide), a CNOC member company.

Eastlink replied in a letter dated 31 July 2015. In this letter, Eastlink submitted that CNOC’s request with respect to resale internet service rates was a matter distinct from the company’s

TPIA tariff application such that Eastlink could have asked the Commission to disregard the relevant portions of CNOC’s intervention and require that such request be brought forth as a separate Part 1 application.  Eastlink noted that if CNOC’s requested relief relating to the retail internet service resale formula had been submitted as a separate Part 1 application, Eastlink would have been entitled to a longer period in which to file an answer that what would result from granting its extension request.

Commission staff is in substantial agreement with the arguments put forth by Eastlink as to why an extension to file its reply comments would be appropriate.  Accordingly, Eastlink is to file its reply comments to CNOC intervention by 20 August 2015.


Original signed by

Lyne Renaud
Director, Competitive Services & Costing Implementation
Telecommunications sector

cc: Daniel A. Mullen, President, ISN Inc.
George Rae, Navnet Communications
Lori MacLean, Regulatory Coordinator, Eastlink
Marc Pilon, CRTC

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