Telecom - Procedural letter addressed to Téliphone Navigata-Westel Communications Inc.

Ottawa, 4 October 2016

Our reference: 8662-T151-201610692

BY EMAIL

Mr. Sandeep Panesar
Chief Executive Office
Téliphone Navigata-Westel Communications Inc.
338 Saint-Antoine Est, #10,
Montréal, QC H2Y 1A3
sandeep.panesar@tnwcorp.com
sandeep.panesar@teliphone.com

Re: Application to Review and Vary Commission Decision on Part 1 Application by Téliphone Navigata-Westel Communications Seeking Relief with respect to the Timing of Disconnection of services provided to it by TELUS Communications Company - Procedural Letter

Mr. Panesar,

On 30 September 2016, Téliphone Navigata-Westel Communications Inc. (TNW) filed with the Commission the above referenced application for review and vary.  As part of its submissions, TNW indicated the following:

TNW is not providing an abridged version of the Application for the public record because the document references parts of the original Part 1 Application and Response to TCC’s Answer that have been designated as confidential and not made available in the abridged versions of those documents.

Filing of abridged version is required to process the application

Please note that pursuant to section 23 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, the Commission must post on its website all applications.

Accordingly, TNW’s application for review and vary dated 30 September 2016 will not be considered until a copy of it is posted on the Commission’s website.  Due to the urgency of the matter at the heart of the application, it is critical that the application be posted on the Commission’s website as quickly as possible to ensure sufficient time for parties to comment and the Commission to deliberate before the possible disconnection deadline set out in the Commission’s decision of 22 September 2016.  As such, TNW is to file an abridged version of its application by no later than 6 October 2016, to be posted on the Commission’s website.

TNW is reminded that the Telecommunications Act (Act) requires that all information filed with the Commission be made public unless it meets the criteria to be designated confidential set out in section 39 of that Act.  For example, information that is already public, whether as a result of the Commission’s confidentiality findings in its letter dated 22 September 2016, or the information is already disclosed on the Commission’s website as part of information filed by TNW or TCC to date, or because it is generic, such as a description of a legal test or argument, do not meet this criteria and must be disclosed in the abridged version of TNW’s application. Where TNW considers that other information in its application meets the criteria in the Act, and wishes to designate it as confidential, TNW is required to provide detailed rationale, as well as any supporting documents, why the disclosure of the information would not be in the public interest, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest.

TNW is invited to consult both the Telecommunications Act and the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, for further clarifications on the type of information that may and may not be designated as confidential.

Failure by TNW to file an abridged version and to provide detailed rationale to support its designation of confidentiality may result in the Commission posting on its website, on 7 October 2016, the full application as filed by TNW on 30 September 2016.

Process to be followed once an abridged version is filed

Also, due once again to the urgency of the matter at the heart of the application for review and vary, the timelines for filing interventions and a reply to that application are to be streamlined as follows:

All interventions are to be served on TNW no later than when they are filed with the Commission.

Further request for information

Finally, pursuant to section 37 of the Act, in order to provide information staff considers necessary to complete the record of this review and vary, TNW is to file with the Commission, in confidence and no later than 12 October 2016, a list of all its customers, including names, telephone numbers and email addresses, who are receiving services from TNW and where the underlying carrier is TELUS Communications Company.

Failure to comply with any and all parts of this letter may lead to the Commission taking enforcement action, which could include the imposition of administrative monetary penalties, as per Compliance and Enforcement and Telecom Information Bulletin CRTC 2015-111.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.:     Eric Unrau, TNW, eric.unrau@teliphone.com
Stephen Schmidt, TELUS Communications Company, regulatory.affairs@telus.com

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