Telecom Procedural Letter addressed to Ms. Natalie MacDonald (Eastlink)

Ottawa, 28 July 2016

Our references:  8661-C12-201504829 - 8661-C182-201503946

BY EMAIL

Ms. Natalie MacDonald
Vice President, Regulatory Matters
Eastlink
6080 Young Street 8th Floor
Halifax, Nova Scotia B3K 5M3
regulatory.matters@corp.eastlink.ca

RE:  Telecom Decision CRTC 2016-117, Review of costing inputs and the application process for wholesale high-speed access services (Decision 2016-117) – Request for Extension

Dear Ms. MacDonald,

The Commission is in receipt of a letter dated 22 July 2016, submitted by Bragg Communications Inc., carrying on business as Eastlink (Eastlink), informing the Commission that they will not meet the current due date of 2 August 2016 (representing 123 days from the date of the decision) for the filing of new tariff applications and supporting cost studies with respect to Review of costing inputs and the application process for wholesale high-speed access services, Telecom Decision CRTC 2016-117, dated 31 March 2016 (Telecom Decision 2016‑117).

In Telecom Decision 2016-117 and the accompanying Commission letter dated 31 March 2016, the Commission directed all wholesale high-speed assess (HSA) service providers to file tariff and costing information within a 45-day period ending on 16 May 2016. Following an extension request filed by Bell Canada, the Commission approved a 45-day extension to 30 June 2016.

In a letter dated 20 June 2016, Eastlink submitted that it was not able to prepare the new tariff applications within the allotted timeframe and requested an extension of the filing date to 31 October 2016. In support of its request, Eastlink submitted that unlike the other wholesale HSA service providers, it has never been subject to a requirement to file cost studies before and that it is therefore starting the process from the beginning.

In response, the Commission considered that Eastlink’s proposal would result in an unreasonable delay in the process by which cost-based rates can be examined, and ultimately determined that an extension to August 2, 2016 for Eastlink to file its tariff application and supporting cost study, would be appropriate.

In its 22 July 2016 letter, Eastlink indicated that it is not able to file a tariff application, with supporting cost studies and the additional information requested, until after the consultant hired to prepare the application returns from vacation on 3 August 2016. Eastlink indicated that as soon as the consultant returns, Eastlink will be working with him to finalize the application and file it as soon as possible.

In light of this, Eastlink is given until 9 September 2016 to file its tariff application and supporting cost study. This second extension is granted in consideration of the circumstances affecting the availability of the consultant. The Commission staff considers that this additional time will allow Eastlink to fulfil its regulatory obligations in filing the requested information without further delay.

As part of the consideration of Eastlink’s tariff application, parties will have an opportunity to make submissions regarding the retroactive application of final rates and the impact that these filing extensions should have on any decision on retroactivity.

Accordingly, Eastlink is to file new tariff applications and associated cost studies for banded non-legacy wholesale HSA service speeds by 9 September 2016.
Sincerely,

Original signed by

Lyne Renaud
Director, Competitor Services & Costing Implementation
Telecommunications sector

c.c.:  Doug Thurston, CRTC, (doug.thurston@crtc.gc.ca)
Bell Canada:  bell.regulatory@bell.ca
MTS Inc.: regulatory@mts.ca
Allstream: regulatory@allstream.com
Saskatchewan Telecommunications: document.control@sasktel.sk.ca
TELUS Communications: regulatory.affairs@telus.com
Cogeco Cable Inc.: telecom.regulatory@cogeco.com
Quebecor Media Inc. (Videotron): regaffairs@quebecor.com
Rogers Communications Partnership: barry.choi@rci.rogers.com; david.watt@rci.rogers.com; rwi_gr@rci.rogers.com
Shaw Cablesystems G.P.: Regulatory@sjrb.ca
CNOC Regulatory: regulatory@cnoc.ca
TekSavvy Solutions Inc.: regulatory@teksavvy.com
Vaxination Informatique: jfmezei@vaxination.ca
VMedia Inc.: george.burger@vmedia.ca
Steve Sorochan: steve.sorochan@gov.yk.ca
Darren Parberry: metisbus@yahoo.ca
Marcus Schultze: marcus.p.schultze@gmail.com

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