Telecom Commission Letter Addressed to Samer Bishay (Ice Wireless Inc.) and Howard Slawner (Rogers Communications Canada Inc.)

Ottawa, 5 April 2017

Our reference:  8620-J106-201601633

BY EMAIL

Mr. Samer Bishay
President & CEO
Ice Wireless Inc.
675 Cochrane Drive, 6th floor, East Tower
Markham, Ontario  L3R 0B8
regulatory@icewireless.ca

Mr. Howard Slawner
Vice President, Regulatory Telecom
Rogers Communications Canada Inc.
350 Bloor Street East, 6th Floor
Toronto, Ontario  M4A 0A1
rwi_gr@rci.rogers.com

RE:  Follow-up to Telecom Decision 2017-57– Compliance with reporting requirements

Dear Mr. Bishay and Mr. Slawner:

In Telecom Decision CRTC 2017-57, Ice Wireless Inc. – Application regarding roaming on Rogers Communications Canada Inc.’s network by customers of Ice Wireless Inc. and Sugar Mobile Inc. the Commission determined that Ice Wireless Inc. (Ice Wireless) had improperly allowed the end-users of Sugar Mobile Inc. (Sugar Mobile) to obtain permanent, rather than incidental, access to Rogers Communications Canada Inc.’s (RCCI) cellular network. The Commission directed Ice Wireless Inc. (Ice Wireless) to file a report, by 31 March 2017 that

  1. Confirms that Sugar Mobile will stop making unauthorized use of RCCI’s network as of no later than 20 April 2017;
  2. Details how Sugar Mobile plans to comply with this decision and explains how Sugar Mobile plans to communicate with its customers regarding any service changes it may introduce in light of this decision; and
  3. Details discussions held with RCCI that demonstrate that Sugar Mobile’s plans are acceptable to RCCI.

The Commission is in receipt of a report filed by Ice Wireless on 30 March 2017 in response to this direction, as well as an updated report filed on 3 April 2017. In the report, Ice Wireless requested an extension of the 20 April 2017 deadline set out in paragraph 47 of Telecom Decision 2017-57 by which Ice Wireless was, among other things, required to confirm that it was in compliance with the decision. Ice Wireless requested this extension “until a reasonable period after the dispute between RCCI and Ice Wireless is resolved”.

With respect to the request for an extension of time, Commission staff sets out the following process:

With respect to the substance of Ice Wireless’ filings, Commission staff is of the opinion that the original report and its following update are not responsive to the Commission’s direction in Telecom Decision 2017-57. Commission staff notes that i) the reports contain few details as to how Ice Wireless intends to implement the decision and communicate with its customers, and ii) any details provided are filed in confidence and are unduly vague.

Based on the information provided to date, Commission staff is of the view that Ice Wireless’s plan does not demonstrate that it will stop making unauthorized use of RCCI’s network as directed. Therefore Ice Wireless is required to refile its report with the Commission, serving a copy onto RCCI, by no later than 5 p.m. EST on Thursday 6 April 2017.

Commission staff has attached as an Appendix to this letter a list of clarification questions and areas to address. Ice Wireless must ensure, among other things, that it responds to these elements when refiling its report.

Commission staff also considers that details of how Ice Wireless will comply with Telecom Decision 2017-57 must be provided as part of the public record rather than filed in confidence. The information relates to the provision of a mandated, tariffed service for which the Commission has directed Ice Wireless to report.

Commission staff notes that Ice Wireless has suggested staff assisted mediation between Ice Wireless and RCCI. However, Commission staff is of the view that, as Ice Wireless has not demonstrated how it will comply with the determinations in Telecom Decision 2017-57, staff assisted mediation is not appropriate at this time.

Commission staff reminds Ice Wireless that, should Ice Wireless fail to comply with the directions set out in Telecom Decision 2017-57 and continue to permit Sugar Mobile to make unauthorized use of RCCI’s network, RCCI may cease providing mandated wholesale roaming to Ice Wireless starting no earlier than 1 May 2017.

Ice Wireless is further reminded that, consistent with Compliance and Enforcement and Telecom Information Bulletin CRTC 2015-111, 27 Match 2016, failure to comply fully and in a timely manner with Telecom Regulatory Policy 2017-57 or any other regulation or decision made by the Commission under the Telecommunications Act could result in the Commission taking enforcement action, up to and including the imposition of an administrative monetary penalty.Footnote1

The filing of documents referenced in this letter is to be done using the secured service “My CRTC Account” (Partner Log In or GCKey), serving a copy on all parties copied with this letter.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications sector
c.c.:  Christian Tacit, ctacit@tacitlaw.com

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