Telecom Commission Letter addressed to Mr. Steve Eder (Thind Properties Ltd.)

Ottawa, 27 March 2019

Our reference: 8698-N68-201900705

BY EMAIL

Mr. Steve Eder
Vice-President - Construction
Thind Properties Ltd.
Unit 700 – 4211 Kingsway
Vancouver, BC  V5H 1Z6
stevee@thind.ca

RE: Application filed by Novus Entertainment Inc. (Novus) for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) Lumina development and future MDU developments of Thind Developments Ltd. and its related companies (Thind)

Dear Mr. Eder,

On 29 January 2019, the Commission received an application from Novus filed under Part 1 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Practice and Procedure). In its application, the company sought relief from what it submitted is its ongoing inability to obtain timely access to the MDU developments of Thind on reasonable terms and conditions, specifically, the development known as Lumina, located in Burnaby, British Columbia. Novus indicated that it served this application on Thind.

As set out in subsection 25(1) of the Rules of Practice and Procedure, a respondent to an application may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website.  The above-referenced application was posted on the Commission’s website on 5 February 2019; hence, the respondent (Thind) was entitled to file an answer with the Commission by 7 March 2019. However, Commission staff notes that Thind did not file an answer with the Commission by the 7 March 2019 deadline or at all, to date.

Thind is therefore requested to submit to the Commission, by no later than April 1, 2019, either:

  1. A confirmation that it has no response to submit to the Commission regarding the above-referenced application; or
  2. A response to the Commission in answer to Novus’ application which otherwise conforms to the Rules of Practice and Procedure.

Commission staff advises that, as set out in paragraph 26(2)(k) of the Rules of Practice and Procedure, Thind’s response must be served on the applicant (i.e., Novus). Commission staff also advises that Novus may file with the Commission a reply to Thind’s answer by no later than April 11, 2019.

Commission staff reminds Thind that, as set out in Telecom Decision 2003-45Footnote 1, the Commission established principles for the provision of telecommunications services by local exchange carriers (LECs) to end-users MDUs which stipulate, among other things, that LECs must have access to MDUs during the construction phase. This was set to enable LECs to have service available upon occupancy, to minimize disruption, and to avoid the additional costs associated with the installation of facilities after completion of the MDU. Further, the Commission established that the provision of telecommunications service by a LEC in an MDU is subject to the condition that all LECs wishing to serve end-users in that MDU are able to access end-users in that MDU on a timely basis, by means of resale, leased facilities, or their own facilities, at their choice, under reasonable terms and conditions.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Donna Robertson, Novus Entertainment Inc., donna.robertson@novusnow.ca
Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
Thind Properties Ltd., info@thind.ca

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