Telecom Commission Letter addressed to Donna Robertson (Novus Entertainment Inc.) and Julian Ward (Thind Properties Ltd.)

Ottawa, 7 May 2019

Our reference: 8698-N68-201900705

BY EMAIL

Ms. Donna Robertson
Co-President, Chief Legal Officer
Novus Entertainment Inc.
#300 – 112 East 3rd Avenue
Vancouver, BC  V5T 1C8
donna.robertson@novusnow.ca

Mr. Julian Ward
Vice-President - Development
Thind Properties Ltd.
Unit 700 – 4211 Kingsway
Vancouver, BC  V5H 1Z6
jullian@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 Ms. Robertson and Mr. Ward,

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.

On 1 April 2019, Thind responded to the application, indicating that Novus shall be treated equally as all utilities. Thind also indicated that it will be providing the legally required information and access as stipulated by the CRTC.
On 4 April 2019, in reply to Thind’s response, Novus requested that the Commission suspend Novus’ application for 21 days, to allow Novus and Thind to arrive at reasonable terms and conditions acceptable to both parties for the installation of Novus’ facilities and provision of Novus’ services to the owners of the condominium units in the development. Thind did not respond to Novus’ request for an extension.
In a staff letter dated 10 April 2019, Commission staff notified Novus and Thind that the above-referenced application had been suspended until 1 May 2019, and that Novus would be required, by that same date, to report on the progress of negotiations and indicate whether it wished to reinstate or withdraw its Part 1 application.

On 2 May 2019, Novus requested that the Commission extend the suspension of Novus’ application to 3 June 2019, to allow Novus and Thind to arrive at reasonable terms and conditions acceptable to both parties for installation of Novus’ facilities and provision of Novus’ services to the owners of the condominium units in the development. Thind did not respond to Novus’ request for an extension.

In light of the above, the above-referenced application is suspended further until 3 June 2019. Novus is required, by that same date, to report on the progress of negotiations and indicate whether it wishes to reinstate or withdraw its Part 1 application.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
Thind Properties Ltd., info@thind.ca

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