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Telecom Notice of Consultation CRTC 2017-259-1

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Reference: Telecom Notice of Consultation 2017-259

Ottawa, 5 October 2017

File number: 1011-NOC2017-0259

Call for comments

Reconsideration of Telecom Decision 2017-56 regarding final terms and conditions for wholesale mobile wireless roaming service

New deadline for second phase of interventions: 27 October 2017

New deadline for further comments on second phase of interventions: 3 November 2017

Revised deadline for final submissions: 1 December 2017

[Submit an intervention or view related documents]

Changes to procedure

  1. With this notice, the Commission adds procedural steps and revises one procedural date established in Reconsideration of Telecom Decision 2017-56 regarding final terms and conditions for wholesale mobile wireless roaming service, Telecom Notice of Consultation CRTC 2017-259, 20 July 2017 (Telecom Notice of Consultation 2017-259).
  2. By letter dated 19 September 2017, Ice Wireless Inc. (Ice Wireless) requested the addition of a second phase of interventions to the proceeding initiated by Telecom Notice of Consultation 2017-259, with a filing date of 10 November 2017. The company also requested that the Commission extend the deadline for filing final submissions from 10 November 2017 to 8 December 2017.
  3. Ice Wireless argued that some parties filed expert evidence as part of their initial interventions and that, in the interests of procedural fairness, other parties should be provided with an opportunity to file rebuttal evidence and arguments, prior to the final submission phase. The Canadian Network Operators Consortium Inc., Execulink Telecom Inc., OpenMedia, the Public Interest Advocacy Centre, and Tucows Inc. filed letters with the Commission in support of Ice Wireless’ request, for similar reasons.
  4. Bell Mobility Inc. (Bell Mobility) and Shaw Communications Inc. (Shaw) opposed the request, noting that the Commission had previously denied or deferred other requests from parties to add procedural steps and to extend deadlines. They argued that all parties were put on notice that there would be a single round of interventions and evidence in this proceeding, in which they would be expected to file the best available evidence supporting their positions on the issues set out in Telecom Notice of Consultation 2017-259. Both Bell Mobility and Shaw noted that, as a result, they filed extensive evidence, including supporting expert evidence, in their interventions. They argued that it would be prejudicial and procedurally unfair to parties who filed such evidence if certain other parties, such as Ice Wireless, were given an additional opportunity to file new evidence, including potential expert rebuttal evidence, in a newly created stage of the proceeding.
  5. Bell Mobility argued further that allowing Ice Wireless to file new evidence rebutting the evidence submitted by other parties would be unfair because it would shield Ice Wireless’ evidence from similar rebuttal by those other parties.
  6. The Commission considers that it is in the public interest to ensure that a fulsome record is developed, and the addition of a second phase of interventions will give parties that have not yet filed expert evidence the opportunity to do so. Given the unique nature of this proceeding and the procedural determinations made to date, the Commission also considers that it is in the public interest to provide all parties the opportunity to respond to any new evidence filed in the second phase of interventions.
  7. Accordingly, the Commission adds procedural steps and revises one procedural date set out in Telecom Notice of Consultation 2017-259, as follows (for ease of reference, the revised date is indicated in bold italics):
    • All parties may file a second phase of interventions with the Commission, serving copies on all other parties, by 27 October 2017.
    • All parties may file further comments on the second phase of interventions with the Commission, serving copies on all other parties, by 3 November 2017.
    • Allparties may file final submissions with the Commission on any matter within the scope of this proceeding by 1 December 2017.

Secretary General

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