Telecom - Staff Letter adressed to Benjamin La Haise (Community Fibre Company Inc.)

Ottawa, 9 February 2023

Reference: 8690-C304-202208529

BY E-MAIL

Benjamin LaHaise
President
Community Fibre Company Inc.
1167 Sixth Concession A Dalhousie
Lanark, Ontario, K0G 1K0
ben@communityfibre.ca

Subject: Community Fibre Company Part 1 Application for consent to place a new pole, strand and anchors in Franktown, Ontario part of Beckwith Township

By letter dated 5 December 2022, Commission staff requested Community Fibre Company Inc. (CFC) to provide by 15 December 2022 the information requested in Attachment 1 to the letter. The Commission did not receive the information from CFC as requested.

On 19 December 2022, 11 January 2023, 19 January 2023, and 26 January 2023, Commission staff contacted you by telephone inquiring whether the requested information would be filed.

In a letter dated 31 January 2023, you stated that:

Pursuant to paragraph 28(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, the Commission may require a party to provide information, particulars or documents that it considers necessary to enable the Commission to reach a full and satisfactory understanding of the subject matter of the proceeding. Section 37 of the Telecommunications Act also empowers the Commission to request information from Canadian carriers.

The letter dated 31 January 2023 did not provide a response to question 1 in Attachment 1 to the Commission staff letter dated 5 December 2022.

As such, CFC is required to file a response to question 1 by 21 February 2023. In addition, in its response, CFC must also provide further submissions on question 2 in light of the meeting scheduled to take place with Beckwith Township on 9 February 2023 including a comprehensive account of the discussion at the 9 February 2023 meeting and any agreements.

If CFC has not provided its complete response to the questions asked by that date or requested an extension prior to the above-stated deadline, Commission staff will take this as confirmation by CFC that it no longer wants to pursue the matter.

To request an extension, CFC must send a letter to the Secretary General via  “My CRTC Account” (Partner Log In or GCKey), prior to the due date, requesting an extension of the date for the filing of information and the new date requested. The request must be served on all parties to this application.

For your convenience, questions 1 and 2 of Attachment 1 to the 5 December 2022 letter are reproduced in the attachment to this letter.

The responses provided will become part of the public record and will be posted on the CRTC website. As set out in section 39 of the Telecommunications Act, and in Broadcasting and Telecom Information Bulletin CRTC 2010-961Procedures for filing confidential information and requesting its disclosure in Commission proceedings, persons may designate certain information as confidential. A detailed explanation on why the designated information is confidential and why its disclosure would not be in the public interest must be provided, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest in disclosure. In addition to the confidential version, an abridged version of the document omitting only the confidential information must be filed or reasons why an abridged version cannot be filed must be provided.

Yours sincerely,

Michel Murray
Director, Dispute Resolution and Regulatory Implementation

cc:
Cassandra McGregor, Beckwith Townshipt,cmcgregor@twp.beckwith.on.ca
John Lawford, PIAC, jlawford@piac.ca
Jesslyn Mullaney, CRTC, jesslyn.mullaney@crtc.gc.ca

Attachment

CFC - Request for information

  1. In its Part 1 application, Community Fibre Company Inc. (CFC) requested, among other things, that the Commission grant consent to install anchors, as needed, to support the installation of new strand on existing poles in and around other locations within the Township of Beckwith. Please clarify: (a) to what existing poles is CFC referring; and (b) who is the owner of the existing poles in and around other locations within Beckwith.
  2. Provide complete details of any negotiations that CFC has had with the Township of Beckwith for a Municipal Access Agreement or any other access or other discussions held recently between the parties that may be relevant to this proceeding before the Commission.
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