ARCHIVED - Telecom Procedural Letter addressed to Distribution List

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Ottawa, 13 October 2015

Our reference:  8740-E17-201511064


Distribution List

RE:  Eastlink TPIA Tariff Notice 35 – Process Letter

Dear Madams/Sirs:

The Commission is in receipt of additional comments related to Tariff Notice (TN) 35 from Canadian Network Operators Consortium Inc. (CNOC) contained in two letters dated 6 and 7 October 2015 respectively.  Eastlink replied to the first letter on 7 October 2015.

CNOC argues that its additional comments, with regards to the proposed Point of Interconnection (POI) location, how the proposed location would harm competition and result in Eastlink granting itself an undue preference, should be accepted by the Commission. CNOC submitted that it only recently learned that Eastlink intends to deploy its POI for its Third-party Internet Access (TPIA) service for Nova Scotia in Sambro Creek.  Commission staff notes that Sambro Creek is located within the regional municipality of Halifax, approximately 30 km from downtown Halifax.

CNOC requests that the Commission direct Eastlink to establish its Nova Scotia POI in the urban core of Halifax where there are competitive options for data transport and co-location. CNOC submitted that the proposed location of the POI would result in Eastlink receiving an undue preference contrary to subsection 27(2) of the Telecommunications Act.  In CNOC’s view, the proposed POI location would require Eastlink’s TPIA customers to bear transport costs that they would not otherwise have to bear and that Eastlink itself does not have to bear and would disrupt competitors existing co-location arrangements while at the same time creating a preference in favour of Eastlink’s own transport and co-location services.

Eastlink submitted in reply that CNOC’s comments are out of process and should not form part of the record of the present proceeding.  Eastlink noted that its proposed TPIA tariff states that the Nova Scotia POI will be located in Halifax and that its proposed location falls within the regional municipality of Halifax.  Eastlink denied that the proposed placement of its POI creates an undue preference.

Commission staff is of the view that the additional comments of CNOC and the reply of Eastlink should be part of the record of this proceeding. Commission staff is also initiating a process for interested parties to provide further comment on this issue.

Accordingly, parties to TN 35 may file comments only on the issue raised by CNOC in its additional comments by no later than 26 October 2015. Reply comments from Eastlink may be filed by no later than 2 November 2015.  Commission staff also requests that Eastlink, in its comments, confirm whether its Nova Scotia POI is to be located in Sambro Creek.

Original signed by

Lyne Renaud
Director, Competitor Services & Costing Implementation
Telecommunications sector

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