ARCHIVED - Telecom Procedural Letter adressed to Mr. Philippe Gauvin (Bell Canada) and Mr. Gary Kenning (Cloudwifi Inc.)

Ottawa, 25 September 2018

Our reference: 8644-C282-201806986

BY EMAIL

Mr. Philippe Gauvin
Assistant General Counsel
Bell Canada
160 Elgin Street, Floor 19
Ottawa, ON  K2P 2C4
bell.regulatory@bell.ca

Mr. Gary Kenning
Vice-President
Cloudwifi Inc.
283 Duke St. West, Unit 302
Kitchener, ON  N2H 3X7
gary.kenning@cloudwifi.ca

RE:  Part 1 Application by Cloudwifi Inc. to Prevent Bell Canada Interference with Customer Use of Bell Canada Inside Wire – Extension Request

Dear Sirs:

In a letter dated 13 September 2018, Bell Canada requested that the deadline for filing a response related to the above-referenced application be extended from 4 October 2018 to 15 October 2018, with Cloudwifi Inc.’s (Cloudwifi) standard 10-day reply period extended by the same span, to 25 October 2018. Bell Canada cited the following reasons for its request:

1. Cloudwifi’s application is a complex matter, with Cloudwifi raising arguments under both the Telecommunications Act and the Broadcasting Distribution Regulations;
2. Bell Canada and Cloudwifi are not only disputing access to inside wire before the Commission, but also concurrently before the Superior Court of Ontario;
3. Due to previously-scheduled vacations, Bell Canada’s subject matter expert is unavailable during part of the allocated intervention period.

In a letter dated 13 September 2018, Cloudwifi informed the Commission that it opposes Bell Canada’s deadline extension request, citing the following reasons:

1. Bell Canada is litigating against Cloudwifi in the Ontario courts, resulting in Cloudwifi incurring enormous and ongoing legal bills;
2. The ongoing uncertainty regarding this matter is making it difficult for Cloudwifi to grow its business.

In a letter dated 14 September 2018, Bell Canada replied that neither of Cloudwifi’s reasons for rejecting its request is valid.

In a letter dated 20 September 2018, Cloudwifi repeated its opposition to the extension request while submitting arguments in connection with ongoing proceedings before the Ontario courts.

Commission staff is of the view that granting Bell Canada’s request would benefit the proceeding by enabling the Commission to gain a more fulsome record.  As well, Commission staff is of the view that the length of Bell Canada’s requested extension (11 days) is relatively short, and is therefore reasonable under the circumstances. Finally, with respect to Cloudwifi’s arguments regarding the proceedings before the Ontario courts, Commission staff considers that these would be better addressed in that forum. Having regard to all the above, Commission staff is of the view that granting the requested extension would be in the public interest.

Therefore, the deadlines associated with Cloudwifi’s application are modified as follows:

• Bell Canada and any other interested person may file an intervention by 15 October 2018, and
• Cloudwifi may file a reply by 25 October 2018.

Commission staff expects that Bell Canada will not disconnect any of Cloudwifi’s existing customers at the multi-dwelling unit (MDU) buildings referenced in Cloudwifi’s application while the Commission is considering the issues raised in this proceeding.

Should you have any questions regarding this letter, please contact Rudy Rab by e-mail at rudy.rab@crtc.gc.ca or by phone at (819) 994-3416.

Sincerely,

Original signed by:

Philippe Kent
Director, Competition and Emergency Services Policy
Telecommunications Sector

c.c:  Rudy Rab, CRTC, 819-994-3416, rudy.rab@crtc.gc.ca
Bernard Montigny, CRTC, 819-953-2606, bernard.montigny@crtc.gc.ca

Date modified:

2018-09-25