ARCHIVED - Telecom Commission Letter addressed to Gary Wong (Mobilicity)

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Ottawa, 4 September 2015

Our references:  8665-C12-20080794 and 8621-C12-01/08

BY EMAIL

Mr. Gary Wong
Director, Legal Affairs
Mobilicity
555 Hanlan Rd., Unit # 8, 2nd Floor
Woodbridge, Ontario L4L 4R8
gary.wong@mobilicity.ca

RE: Text with 9-1-1 service implementation for Mobilicity customers

Dear Sir:

In letters dated 16 January 2014 and 11 February 2014, Mobilicity indicated that it had been under the protection of the Companies’ Creditors Arrangement Act (“CCAA”) since 30 September 2013 in order to restructure its affairs. Subsequently, due to its current financial status, it would not be in a position to make the changes to its networks, systems, and processes required to support the provision of Text with 9-1-1 (T9-1-1) service for individuals who are Deaf, hard of hearing or speech-impaired by 24 January 2014, as required in CRTC Telecom Decision 2013-22.

Mobilicity submitted that it was not in a position to procure the necessary vendor assistance to implement its T9-1-1 plan due to significant restrictions on its expenditures, especially those of a capital nature. This was pursuant to a Stay Order of the Ontario Superior Court made on 13 November 2013, placing Mobilicity under the supervision of a court-appointed monitor.

In response, Commission staff sent a letter to Mobilicity on 3 April 2014 to express concern over Mobilicity’s inability to meet its obligation, however, staff acknowledged the practical and financial difficulties faced by Mobilicity. Under the circumstances, Commission staff considered it reasonable that Mobilicity not be required to provide T9-1-1 service at that time. 

However, in the instance Mobilicity emerged from creditor protection and continued to operate as a wireless company, Mobilicity was to file, within 15 days of the Stay Order having been lifted, its plan to proceed with implementation of T9-1-1, including implementation timelines. As well, Mobilicity was to keep the Commission apprised of any significant developments regarding its credit protection status and sale process.

Commission staff is now aware of the recent approval by the Ontario Superior court of the sale of Mobilicity to Rogers Communications Partnership (“Rogers”), as well as the approval by Industry Canada to transfer its spectrum.   

Commission staff therefore requests that Mobilicity, or Rogers on behalf of Mobilicity, file with the Commission, by no later than 18 September 2015, its implementation plan and timelines on the provision of T9-1-1 service. Your response should also confirm that your company will meet all of its obligations for the provision of the T9-1-1 service as mandated by the Commission.

This letter and any related correspondence will be added to the public record.

Sincerely,

Original signed by

Kay Saicheua
Director, Competition and Emergency Services Policy
Telecommunications Sector
c.c.:  Renée Doiron, CRTC, 819-997-2755, renee.doiron@crtc.gc.ca
James Ndirangu, CRTC, 819-997-3670, james.ndirangu@crtc.gc.ca
Glen Freer, Rogers, glenn.freer@rci.rogers.com

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