ARCHIVED - Telecom Procedural Letter Addressed to Marcom Development Ltd. et Novus Entertainment Inc.

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Ottawa, 3 October 2019

Our reference: 8622-N68-201904649


Mr. Bud Eaton
Vice-President Development
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 a staff letter dated 2 August 2019, Commission staff notified Marcon and Novus that the deadlines associated with Novus’ application were as follows:

On 30 September 2019, the Commission received a letter from Marcon’s counsel (Lawson Lundell LLP), requesting a one-month extension to the 1 October 2019 deadline for Marcon to file its answer to Novus’ application. Marcon’s counsel submitted that Marcon and Novus are currently negotiating the terms and conditions of a network installation agreement, under which Novus will be granted access to the 567 Clarke + Como Development (the MDU) for the purpose of installing cables, wires, and communications facilities, so that Novus may provide cable television, Internet, digital phone, and other end-user communications services to residents of the MDU. Marcon’s legal counsel submitted that a one-month extension to the 1 October 2019 deadline will allow Marcon to continue to focus on and prioritize negotiating a network installation agreement that is acceptable to both Novus and Marcon.

On 1 October 2019 the Commission received a letter from Novus, confirming that Novus had received the letter dated 30 September 2019 from Marcon’s counsel. Novus submitted that the parties are in negotiation, and that Novus agrees that a one-month extension of the deadline to 1 November 2019 may provide the time necessary to conclude an agreement.

In light of the above, the deadlines associated with Novus’ application are modified as follows:

Commission staff expects that the parties will continue negotiating in order to achieve a mutually-beneficial result.


Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector


c.c.: Michelle Casey, Lawson Lundell LLP,
Rudy Rab, CRTC,
Marcon Developments Ltd.

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