Telecom Procedural Letter Addressed to Christopher Copeland and Natalie MacDonald (Tacit Law and Eastlink)

Ottawa, 19 April 2018

Our reference: 8622-F40-201802372

BY E-MAIL

Mr. Christopher Copeland
Tacit Law
320 March Road, Suite 604
Kanata, Ontario K2K 2E3
cjpcopeland@tacitlaw.com

Ms. Natalie MacDonald
Vice-President, Regulatory Matters
Eastlink
6080 Young Street, 8th Floor
Halifax, Nova Scotia B3K 5L2
Regulatory.Matters@corp.eastlink.ca

RE: Part 1 application by Frontier Networks Inc. against Eastlink relating to the resell of Third Party Internet Access – Procedural Letter

Dear Madam/Sir:

On 16 April 2018, Frontier Networks Inc. (Frontier) filed an application requesting an expedited interim relief and a final relief regarding the refusal of Bragg Communications Incorporated, operating as Eastlink (Eastlink), to allow Frontier to resell Third Party Internet Access (TPIA) services in accordance with the terms of Eastlink’s TPIA General Tariff.

Frontier submitted that pursuant to past correspondence between the parties, Eastlink has stopped processing all of Frontier’s TPIA service orders until all resale activities relating to two of Frontier’s resale customers are terminated. Further, Eastlink has indicated that it would disconnect all of Frontier’s TPIA end-users unless resale activities between Frontier and these two resale customers were terminated by 18 April 2018.

Accordingly, Frontier is requesting interim relief consisting of Commission orders compelling Eastlink to a) cease the stop-order on Frontier TPIA service activations and b) continue providing TPIA service to Frontier, including TPIA services that are resold by Frontier, until the Commission issues its determinations relating to the final relief sought by Frontier in the above referenced Part 1 application.

In light of the above, Eastlink, as well as any interested interveners, will have until 25 April 2018 to file with the Commission its submissions on the requested interim relief to cease the stop-order on Frontier TPIA service activations.  Frontier will have until 27 April 2018 to file its final reply on the requested interim relief to cease the stop-order on Frontier TPIA service activations.

As for Frontier’s request for a Commission order compelling Eastlink to continue providing TPIA service to Frontier, including TPIA services that are resold by Frontier, until the Commission issues its determinations relating to the final relief sought by Frontier, Commission staff notes that in Eastlink’s 16 April 2018 letter, which Frontier has included in its Part 1 Application, Eastlink indicated the following:

[….] if you [Frontier] intend to seek clarification from CRTC staff or from the Commission, we will agree not to disconnect current end-customers until this matter is resolved via the Commission or Commission staff – provided reasonable efforts are made to address this in a timely manner.

Commission staff trusts that this statement from Eastlink, that is part of the official record of the above mentioned Part 1 application, will be respected by Eastlink. Accordingly, no other submissions with regards to this issue are needed, as no Commission order on this specific matter appears to be required.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.:  Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
Marielle Wilson, Eastlink, Marielle.Wilson@corp.eastlink.ca

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