Telecom Commission Letter Addressed to Jacob Friedman (Xplornet Communications Inc.)

Ottawa, 18 April 2017

Our reference: 8740-X9-201702142

BY EMAIL

Mr. Jacob Friedman
Legal Counsel
Xplornet Communications Inc.
625 Cochrane Drive, Suite 1000
Markham, ON  L3R 9R9
jacob.friedman@corp.xplornet.com

Re: Xplornet Communications Inc. Tariff Notice 2 - Proposed Revisions to Access Services Tariff

Dear Sir:

On 16 March 2016, the Commission received an application by Xplornet Communications Inc. under Tariff Notice (TN) 2, proposing revisions to its Access Services Tariff item 300 – Interconnection with Interexchange Service Providers (IXSPs).

Xplornet noted that it provides service as a Type IV competitive local exchange carrier (CLEC)Footnote1 but it had exceeded 10,000 customers and was considering the obligation to transition to a Type III CLEC.Footnote2
Xplornet noted that the interexchange equal access obligations of a Type III CLEC were not compatible with its network and service partners, and requested an exemption from certain Type III CLEC obligations, including the requirement to file tariffs to provide interexchange equal access.

Xplornet submitted that it filed TN 2 only as an alternative to the Commission granting such an exemption in respect of equal access. Xplornet stated that it intends to withdraw TN 2 if its request for an exemption is approved.
Commission staff has reviewed Xplornet’s TN 2 application. Commission staff notes that Xplornet’s request for an exemption from the above-noted requirements should properly be

submitted as a Part I applicationFootnote3 so that interested parties can participate in a proceeding to dispose of the application.

The outcome of such a proceeding would determine whether or not Xplornet would be required to revise its CLEC tariff to provide interexchange equal access.

Accordingly, this file is closed.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

c.c.: Joseph Cabrera, CRTC, 819-934-6352, joseph.cabrera@crtc.gc.ca
Yael Wexler, ywexler@fasken.com

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