Telecom Commission Letter adressed to Philippe Gauvin (Bell Canada)

Ottawa, 27 February 2017

Our reference: 8690-C126-201612250

BY EMAIL

Mr. Philippe Gauvin
Senior Legal Counsel
Bell Canada
Floor 19
160 Elgin St.
Ottawa, Ontario  K2P 2C4
bell.regulatory@bell.ca

RE: Application for Determinations and Approvals re: Municipal Consent by the City of Calgary – Request for an extension

Dear Mr. Gauvin:

On 28 November 2016, the City of Calgary (Calgary) filed an application requesting that the Commission make certain determinations concerning the access and use of municipal rights-of-way (ROW) by telecommunications service providers pursuant to its ROW Bylaw and its proposed Municipal Consent and Access Agreement (MCAA)  (the Application).

By letter dated 23 January 2017, Bell Canada, Rogers Communications, Shaw Communications Inc., TELUS Communications Company and Zayo Canada (collectively, the Carriers), advised the Commission that they intend to file in February 2017 an application with the Alberta Court of Queens’ Bench (the Alberta Court) to challenge the constitutional validity of  Calgary’s ROW Bylaw. Consequently, the Carriers requested that the Commission suspend consideration of the Application while the related constitutional issues are before the courts; subject, however, to the ability of any party to file a procedural request to resume consideration of the Application.

Following a request from Calgary, Commission staff agreed, on 26 January 2017, to give Calgary and any other interested party, until 21 February 2017 to file its response only with respect to the Carriers’ procedural request that the Commission suspend consideration of the Application for the time being or alternatively, extend the timelines for filing comments in response to the 28 November 2016 Application.  Furthermore, the Carriers were given until 27 February 2017 to file a reply.

On 24 February 2017, the Carriers requested an extension until 10 March 2017 to file a reply.

In the circumstances, the Carriers may, by 10 March 2017, file its reply and serve a copy on Calgary and any other interested party.

In view of the above, the date of 31 January 2017 for the filing of interventions and answers to the Application remains suspended pending the Commission’s ruling on the Carriers’ procedural request.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.:  Jesslyn Mullaney, CRTC, 819-953-5255, jesslyn.mullaney@crtc.gc.ca
Bell Canada, bell.regulatory@bell.ca
City of Calgary, matt.lonsdale@calgary.ca
Rogers Communications, rwi_gr@rci.rogers.com
Shaw Communications Inc., regulatory@sjrb.ca
TELUS Communications Company, regulatory.affairs@telus.com
Zayo Canada, Steve.Snow@zayo.com
The Federation of Canadian Municipalities, stephane_emardchabot@sympatico.ca
Douglas I. Evanchuk, McLennan Ross LLP,  devanchuk@mross.com

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