Telecom Procedural Letter addressed to Dennis Béland (Quebecor Media), Philippe Gauvin (Bell Canada) and Dean Proctor ( SSI Micro Ltd.)
Ottawa, 16 August 2019
Our file: 8622-V3-201905465 and 8662-V3-201905499
Mr. Dennis Béland
Vice-President, Regulatory Affairs
612 St-Jacques Street, 15th floor
Montréal, Quebec H3C 4M6
Mr. Philippe Gauvin
Deputy Chief, Legal Services
160 Elgin Street, 19th floor
Ottawa, Ontario K2P 2C4
Mr. Dean Proctor
Chief Development Officer
SSI Micro Ltd.
356B Old Airport Rd.
Yellowknife, Northwest Territories X1A 3T4
Re: Part 1 applications filed by Videotron Ltd. against Cablevision du Nord de Québec Inc. regarding a third-party Internet access (TPIA) service agreement – Procedural letter
The Commission received a Part 1 application filed by Quebecor Media Inc. on 10 June 2019, on behalf of its subsidiary Videotron Ltd. (Videotron), against Cablevision du Nord de Québec Inc. (Cablevision) for refusing to sign a third-party Internet access (TPIA) service agreement with Videotron.
Videotron has requested that the Commission process its application expeditiously. On 18 July 2019, Commission staff sent a procedural letter to the applicant and respondent stating that Cablevision and any interested parties would have until 30 July 2019 to file their answer or interventions and that Videotron would have until 6 August 2019 to file replies.
However, the procedural letter of 18 July 2019 was inadvertently never placed in the electronic file of the application. As a result, the deadline for filing interventions has not been changed on the Commission's website. Parties other than Videotron and Cablevision therefore had no indication that these dates had been changed. The Commission's website indicated that the parties had until 12 August 2019 to submit their interventions.
On 30 July 2019, Cablevision filed its answer to the application. On 6 August 2019, Videotron filed its reply to the answer. The documents were placed online the day after they were received.
On 12 August 2019, the Commission received an intervention from SSI Micro Ltd. (SSI). This intervention was placed online the day after it was received.
On 14 August 2019, the Commission received a procedural request from Bell Canada (Bell). In its procedural request, Bell requests that the Commission reject SSI's intervention on three grounds. First, the intervention was received after the deadline specified in the Commission staff letter dated July 18, 2019. Second, the intervention breaches the principles of procedural fairness by raising elements from Cablevision's answer and Videotron's reply. Finally, the intervention proposes regulatory measures that are outside the scope of the proceeding.
Commission staff is of the view that the reasons raised by Bell are correct and therefore rejects SSI’s intervention.
However, since SSI had no indication that it had until 30 July 2019 to submit an intervention due to an administrative error made by Commission staff, Commission staff establishes the following process:
- SSI may submit a new intervention no later than 21 August 2019 and serve a copy on Videotron and Cablevision. The intervention must comply with subsection 26(2) of the Commission's Rules of Practice and Procedure, and in particular must not raise elements from Cablevision's answer and Videotron's reply. It must also limit itself to the facts alleged in the application and refrain from proposing regulatory measures that are outside the scope of the proceeding.
- Videotron may file a new reply no later than 23 August 2019 and serve a copy on Cablevision and SSI.
All documents must be received, not merely sent, by the above dates.
Although the identical intervention filed by SSI in the procedure regarding Part 1 application 8622-V3-201905499 was received within the established deadlines, Commission staff also rejects this intervention, for the reasons set out above, and allows SSI to submit a revised intervention as part of this process as well.
Original signed by Guillaume Castonguay, for
Director, Dispute Resolution and Regulatory Implementation
c.c.: Marc-André Sévigny, Cablevision firstname.lastname@example.org
Pierre-Luc Hébert, Bell Canada email@example.com
- Date modified: