Telecom Procedural Letter Addressed to Various Parties

Ottawa, 25 November 2016

Our reference: 8622-R28-201611781

BY EMAIL

Mr. Howard Slawner
Vice President - Regulatory Telecom
Rogers Communications Canada Inc.
350 Bloor Street East, 6th Floor
Toronto, ON  M4W 0A1
rwi_gr@rci.rogers.com

Mr. Samer Bishay
President & CEO, Iristel Inc.
675 Cochrane Drive, 6th Floor, East Tower
Markham, Ontario  L3R 0B8
regulatory@iristel.ca

Re: Rogers’ Part 1 application concerning Iris Technologies Inc. and Iristel alleging traffic stimulation

Dear Sirs,

On 16 November 2016, Rogers Communications Canada Inc. (RCCI) filed an application with the Commission alleging that Iris Technologies Inc. and Iristel (collectively, Iristel) were causing harm to the Canadian telecommunications system by stimulating traffic termination revenues in the Northwest Territories. 

Among other things, RCCI requested that the Commission issue an order to make Iristel’s rates for interexchange carrier (IXC) traffic termination in the Northwest Territories (Iristel’s IXC traffic termination rates) interim pending the outcome of the proceeding.

Further, RCCI requested that the Commission rule on its request for an order to make Iristel’s IXC traffic termination rates interim at the Commission’s earliest convenience, and proposed reducing the time for Iristel’s answer to 5 business days and for RCCI’s reply to 3 business days.

On 17 November 2016, Iristel filed a letter arguing that this case did not warrant consideration of interim relief.  Iristel further requested that, if a response to RCCI’s request that the Commission make Iristel’s IXC traffic termination rates interim is desired, Iristel be provided with 10 days to answer.

Commission staff considers that it would be appropriate for the Commission to consider RCCI’s request to make Iristel’s IXC traffic termination rates interim, pending the outcome of the present proceeding.

Accordingly, Iristel and any other interested party may file by 2 December 2016 comments on RCCI’s request for an order to make Iristel’s IXC traffic termination rates interim, serving a copy on RCCI.  RCCI may file reply comments by 6 December 2016, serving a copy on Iristel.

Commission staff considers that the Commission may make Iristel’s rates interim, but that the RJR MacDonald criteria for a stay are not material to such a request. It is more relevant to consider whether, on a prima facie basis, based on the allegations before the Commission, the rates may no longer continue to be just and reasonable. The matter of retroactive adjustment of rates made interim would only be considered as part of a final decision.

With respect to the deadlines for filing an answer, intervention, and a reply to the substance of RCCI’s application, Commission staff intends to provide revised deadlines when it renders its determination on RCCI’s request to make Iristel’s IXC traffic termination rates interim.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

c.c.: Kevin Pickell, CRTC, 819-997-4580, kevin.pickell@crtc.gc.ca
Bell Canada, bell.regulatory@bell.ca
Bragg Communications Inc., operating as Eastlink, regulatory.matters@corp.eastlink.ca
Canadian Cable Systems Alliance Inc., cedwards@ccsa.cable.ca
Canadian Independent Telephone Company Joint Task Force, jonathan.holmes@itpa.ca
Distributel Communications Limited, regulatory@distributel.ca
PIAC, lawford@piac.ca
Québecor Media on behalf of Vidéotron, dennis.beland@quebecor.com
Shaw Cablesystems G.P., Regulatory@sjrb.ca
TBayTel, rob.olenick@tbaytel.com
TELUS Communications Company, regulatory.affairs@telus.com
Zayo Canada Inc., regulatory@zayo.com

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