Telecom Procedural Letter addressed to Jordan Snel (Canadian Network Operators Consortium Inc.) and Natalie MacDonald (Bragg Communications Inc. o/a Eastlink)

Ottawa, 30 January 2020

Our reference: 8622-C182-202000412


Mr. Jordan Snel
Director, Legal Affairs
Canadian Network Operators Consortium Inc.
78 George St., Suite 204
Ottawa, ON  K1N 5W1

Ms. Natalie MacDonald
Vice President - Regulatory
Bragg Communications Inc. o/a Eastlink
6080 Young St., 8th Floor
Halifax, NS  B3K 5L2

RE:  CNOC Part 1 Application for relief regarding unjustifiable conduct relating to Technicolor cable modems

Dear Mr. Snel and Ms. MacDonald:

On 20 January 2020, the Canadian Network Operators Consortium Inc. (CNOC) filed a Part 1 application directed at Bragg Communications Inc. operating as Eastlink (Eastlink), requesting expedited relief regarding Eastlink’s decisions relating to Technicolor TC 4350 modems (the TC Modems). CNOC submitted that Eastlink purports to discontinue support for the TC Modems effective 24 March 2020. For that reason, CNOC has requested that the Commission dispose of the application on an expedited basis, in order to implement the relief requested by CNOC prior to the 24 March 2020 effective date of Eastlink’s proposed removal of the TC Modems from its supported third party Internet access (TPIA) modem list.

Commission staff is of the view that an expedited process to consider CNOC’s application is in the public interest. In particular, staff notes that an expedited process will provide parties a more timely resolution and certainty in a matter that has been ongoing for several months. Staff’s view is also informed by the relatively short timeframe between the date that CNOC filed its application and Eastlink’s proposed date for the removal of the TC Modems from its supported TPIA modem list.

Therefore, Commission staff is setting out the below process for the review of CNOC’s application:

  1. Eastlink may respond to, and any person may comment on, CNOC’s application by no later than 10 February 2020;
  2. CNOC may file a reply to Eastlink’s response and to any other interventions received, by no later than 13 February 2020.

Any document filed with the Commission must be served on other parties. Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

Furthermore, in light of the above, staff requests that Eastlink confirm, by 31 January 2020, that it will not remove the TC Modems from its supported TPIA modem list until such time as the Commission issues a decision on CNOC’s application, should the Commission not issue a decision prior to 24 March 2020.


Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c: Rudy Rab, CRTC,

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