Telecom Commission Letter addressed to Jordan Snel (Canadian Network Operators Consortium Inc.) and Natalie MacDonald (Bragg Communications Inc. o/a Eastlink)
Ottawa, 10 February 2020
Our reference: 8622-C182-202000412
BY EMAIL
Mr. Jordan Snel
Director, Legal Affairs
Canadian Network Operators Consortium Inc.
78 George St., Suite 204
Ottawa, ON K1N 5W1
regulatory@cnoc.ca
Ms. Natalie MacDonald
Vice President - Regulatory
Bragg Communications Inc. o/a Eastlink
6080 Young St., 8th Floor
Halifax, NS B3K 5L2
Natalie.MacDonald@corp.eastlink.ca
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. CNOC has requested that the Commission dispose of its application on an expedited basis.
In a letter dated 30 January 2020, Commission staff set up an expedited process to address this matter.
The 30 January 2020 staff letter also included a request 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.
On 31 January 2020, Eastlink responded that an agreement that the TC Modems remain on Eastlink’s list of approved TPIA modems would be prejudicial to Eastlink and its network, given Eastlink’s concerns about the TC Modems.
Eastlink requested that staff accept the following interim arrangement pending the outcome of the dispute:
- Eastlink will grandfather TC Modems (except for those in the known defective batch) on its network that Eastlink’s TPIA customers already have in use;
- Eastlink’s TPIA customers will not be permitted to add any TC Modems to Eastlink’s network during the period pending the dispute;
- The issue of whether the TC Modems remain on the approved modem list pending the outcome becomes moot, such that no new modems will be added, but Eastlink will not require removal of existing modems on the network.
In a letter dated 3 February 2020, CNOC stated that it opposes Eastlink’s proposed change, arguing that there is no basis to preclude Eastlink’s TPIA customers from deploying new TC Modems that are on Eastlink’s approved TPIA modem list but are not within the defective batch. CNOC requested that the Commission deny Eastlink’s proposal and confirm the process that was set out in the 30 January 2020 staff letter, without amendment.
Staff notes that an expedited process has been established for this proceeding, in view of Eastlink’s proposed 24 March 2020 effective date for the removal of the TC Modems from its supported TPIA modem list. The timing of a Commission determination on this matter has not been established.
Staff also notes that there has been no consensus regarding an interim arrangement, pending the Commission’s decision. Given that the Commission has not yet considered the parties’ arguments with regard to the removal of the TC Modems from Eastlink’s supported TPIA modem list, staff considers that it would be reasonable for the parties to proceed in a manner that does not presuppose the outcome of the proceeding.
Staff advises the parties that the deadlines associated with this proceeding (as described above and in the 30 January 2020 staff letter) remain in effect.
Sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c: Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
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