Telecom Procedural Letter Addressed to Various Parties
Ottawa, 2 August 2019
Our reference: 8622-N68-201904649
Mr. Bud Eaton
Marcon Developments Ltd.
5645 – 199th Street
Langley, BC V3A 1H9
Ms. Donna Robertson
Co-President, Chief Legal Officer
Novus Entertainment Inc.
#300 – 112 East 3rd Avenue
Vancouver, BC V5T 1C8
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) 567 Clarke + Como Development and future MDU developments of Marcon Developments Ltd. and its related companies (Marcon)
Dear Mr. Eaton and Ms. Robertson:
In response to a Commission staff letter dated 24 July 2019 and addressed to Marcon, the Commission received on 25 July 2019 an e-mail from Marcon’s legal counsel, requesting a 90 day extension to the 29 July 2019 deadline set by staff for receipt from Marcon of either:
- A confirmation that Marcon has no response to submit to the Commission regarding the above-referenced application; or
- A response to the Commission in answer to Novus’ application which otherwise conforms to the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Practice and Procedure).
In a staff letter dated 26 July 2019, staff informed Marcon and Novus that, in light of Marcon’s request for an extension, staff had rescinded the 29 July 2019 deadline for Marcon to file with the Commission an answer to Novus’ application. Staff also expressed its preliminary view that an extension of the deadline for receipt of Marcon’s answer to 29 August 2019 would be appropriate. Staff also invited written comments, including detailed rationale, from the parties by no later than 31 July 2019 on whether:
- An extension was appropriate;
- Staff’s preliminary date was appropriate; or,
- Some other date was appropriate.
On 29 July 2019 the Commission received a letter from Novus, submitting that it agreed that an extension was appropriate and that, as such, it agreed with staff’s suggested new deadline date of 29 August 2019 for Marcon to respond to Novus’ application.
On 31 July 2019, the Commission received a letter from Marcon’s legal counsel (Lawson Lundell, LLP), informing that Marcon seeks a 60-day extension to the 29 July 2019 deadline specified in the 24 July 2019 Commission staff letter to provide its answer to Novus’ application, for the following reasons:
- Given the significance and breadth of the relief Novus seeks, Marcon believes that the Commission will benefit from a thoughtful and fulsome answer to Novus’ application;
- At least one of the three individuals critical to Marcon developing its substantive response will be absent on any given date during the month of August, and therefore it will be challenging for Marcon to provide a full answer to the application, given the overlapping absences of these individuals;
- The Commission has previously relied on a party’s resource constraints due to summer vacation schedules as a basis upon which to grant that party an extension to a deadline to provide additional information to the Commission;
- Novus has already agreed that an extension is appropriate and agrees with Commission staff’s proposal of an extension to 29 August 2019 for Marcon to provide its answer to the application;
- The 567 Clarke + Como development (the MDU) is still in the early stages of construction, and wiring between the main terminal and the various floors of the development is not scheduled to begin until October 2020; therefore, Novus’ ability to access the MDU, if ordered, and install its hardware will not be prejudiced if the Commission allows Marcon an additional two months to develop a full answer to the application.
Commission staff is of the view that granting Marcon’s request for a 60-day extension to the 29 July 2019 deadline 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 Marcon’s requested extension will not impair Novus’ ability to access the MDU in a timely manner to install its facilities, should the Commission approve the relief requested by Novus. Having regard to all the above, Commission staff is of the view that granting Marcon’s deadline extension request is reasonable, and would be in the public interest.
Therefore, the deadlines associated with Novus’ application are modified as follows:
- Marcon and any other interested person may file its answer or comments by 1 October 2019, and
- Novus may file a reply by 11 October 2019.
Staff also advises the parties that, as detailed in Broadcasting and Telecom Information Bulletin CRTC 2019-184 (the Bulletin), various processes are available to them by the Commission (as an alternative to a Part 1 proceeding) for resolving bilateral broadcasting and telecom-related disputes. However, parties may always resolve their differences through third-party mediation or arbitration, bilateral negotiations, or other means that do not involve Commission participation. Commission staff expects parties to continue negotiating in order to achieve a mutually-beneficial result.
Original signed by
Director, Dispute Resolution and Regulatory Implementation
c.c.: Peter Roberts, Lawson Lundell LLP, email@example.com
Chad Travis, Lawson Lundell LLP, firstname.lastname@example.org
Rudy Rab, CRTC, email@example.com
Marcon Developments Ltd. firstname.lastname@example.org
- Date modified: