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Telecom Notice of Consultation CRTC 2020-269-1

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Reference: 2020-269, 2020-269-2

Ottawa, 11 September 2020

Public record: 1011-NOC2020-0269

Call for comments – Imposition of administrative monetary penalties on Iristel Inc. and TELUS Communications Inc. in relation to the routing and termination of phone calls to the 867 area code in Northern Canada – Changes to procedure

Adjournment of proceeding until further notice

  1. On 14 August 2020, the Commission issued Telecom Decision 2020-268, in which it concluded that Iristel Inc. (Iristel) and TELUS Communications Inc. (TCI) had violated subsection 27(2) of the Telecommunications Act in relation to the routing and termination of phone calls to the 867 area code in Northern Canada.
  2. On the same day, the Commission issued Telecom Notice of Consultation 2020-269, in which it initiated a proceeding to determine whether it would be appropriate to impose administrative monetary penalties (AMPs) on both Iristel and TCI and, if so, what the appropriate amount of the AMP on each company would be (the proceeding).
  3. The Commission received an application, dated 2 September 2020, in which Iristel, on behalf of itself and its affiliates Ice Wireless Inc. and Iris Technologies Inc. (hereafter, referred to collectively as Iristel), requested that the Commission review, vary, rescind, and stay certain aspects of Telecom Decision 2020-268 and the proceeding.
  4. By letter dated 3 September 2020, the Competitive Network Operators of Canada supported Iristel’s request to stay Telecom Decision 2020-268 and the proceeding as they relate to Iristel.
  5. By letter dated 3 September 2020, the Public Interest Advocacy Centre (PIAC) argued that the Commission should postpone the deadline for interventions set out in Telecom Notice of Consultation 2020-269 until it has dealt with Iristel’s request for a stay, as well as the review and vary application, since the proceeding deals with, in part, a potential AMP for a violation that Iristel disputes. PIAC further suggested that parties should also be allowed to comment on the proper timing for interventions and other deadlines set out in Telecom Notice of Consultation 2020-269 in their submissions on the stay.
  6. By letter dated 4 September 2020, TCI also requested that the Commission suspend or adjourn the proceeding in its entirety, concerning both Iristel and TCI, pending a resolution of the Iristel application and TCI’s possible application to review and vary Telecom Decision 2020-268.
  7. Paragraph 11 of Telecom Notice of Consultation 2020-269 provides that the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to it. Pursuant to subsection 10(a) of the Rules of Procedure, the Commission may, if it is of the opinion that the circumstances or considerations of fairness permit, adjourn a proceeding.
  8. In the circumstances of the present case, the outcome of Iristel’s application to review and vary Telecom Decision 2020-268 may impact the proceeding. In light of this, the Commission considers that it would be inappropriate to continue with the proceeding while it considers the application filed by Iristel.
  9. Further, the Commission considers that there is little potential prejudice to any other party by adjourning the proceeding. The proceeding was initiated to determine whether it is appropriate to impose AMPs on Iristel and on TCI and, if so, what the appropriate AMP amount would be for each company. As a result, the outcome of the proceeding directly affects only those companies.
  10. Accordingly, the Commission hereby adjourns the proceeding until further notice.

Secretary General

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