Telecom - Staff Letter addressed to the Distribution List

Ottawa, 28 April 2023

Our reference: 1011-NOC2023-0056

BY EMAIL

Distribution List

Subject: Telecom Notice of Consultation 2023-56 – Review of the wholesale high-speed access service framework – Process issues

In Telecom Notice of Consultation 2023-56 (the Notice of Consultation), the Canadian Radio-television and Telecommunications Commission (Commission) recognized that Canada’s wholesale internet access framework is not meeting the objective of facilitating vibrant and sustainable competition. The Government of Canada, in its recent Policy Direction^Footnote1, directed the Commission to adjust this framework, as necessary, in a timely manner.

Commission staff is working diligently towards this goal. However, parties’ cooperation and compliance with the Commission Rules of Practice and Procedure (Rules of Procedure) is necessary. This letter sets out the best practices that will support a timely, fair and efficient process. These additional directions supplement the Rules of Procedure for this proceeding.

Responsibility to follow the record

The Commission is currently experiencing delays in receiving documents and publishing them on its website due to the ongoing public service labour disruption.

We have created a distribution list for this proceeding (attached). Please review and update your contact information as soon as possible by emailing Peter.Keriakos@crtc.gc.ca. Should it be determined, once all the interventions are processed and posted to the website, that a party was not included in the distribution list and was unaware of this letter, they will be added and provided a reasonable opportunity to file submissions where the deadlines have passed.

Parties are directed to serve the distribution list with all documents filed in this proceeding going forward. Each party will be deemed to have knowledge of all documents sent to this distribution list as of the day they were sent or, in the case of documents served after normal business hours, on the next business day.

Given that the next deadline set out in the Notice of Consultation is 4 May 2023 (requests for public disclosure) all parties are directed to send an email to the distribution list attaching all documents filed on or after 17 April 2023 (excluding those related to the extension requests) by 9:00 am, 2 May 2023. This will allow everyone to verify that they have all the relevant documents to make their submissions.

The 4 May 2023 deadline for disclosure requests applies only to documents sent to the distribution list as directed above.

Deadlines and Extension Requests

When the Commission directs a party to file specific information, this constitutes a request pursuant to section 37 of the Telecommunications Act (Act). Failure to provide the information by the requested date is a violation of the Act. Moreover, whether a party is required to file the information or simply has the opportunity to do so, failure to provide information by the deadline can result in the Commission choosing not to accept the information on the record. The Commission may make negative inferences in such circumstances.

In rare and exceptional circumstances where a party will be unable to file information by the deadline, a fully reasoned extension request supported by evidence must be filed as soon possible. Delays in filing extension requests may result in parties not receiving a determination before the Commission deadline.

All deadlines continue to apply unless and until the Commission grants an extension. In the absence of an extension, parties must file by the original deadline. Concerns about whether other parties will file by the deadline are not a reason to miss the deadline. Should a party attempt to leverage the filing of late materials to their advantage, any procedural fairness issues that result can be resolved through the Commission’s existing processes.

No public interest is served by a drawn out exchange of procedural requests, replies, allegations and complaints. The time that parties and the Commission spend on these procedural matters is time that is not spent on the substance of analysing the issues set out in the Notice of Consultation and reaching a decision. To support a timely, fair and efficient process going forward, Commission staff supplements the Rules of Procedure by establishing the following rules for any extension requests filed in this proceeding:

Additionally:

• Parties may not ask for an extension request within their reply to the request of another party.
• No late or supplemental submissions will be accepted for extension requests.
• The Commission or Commission staff will communicate a determination as soon as possible. Where the Commission makes a decision, the determination may be communicated to the distribution list informally by way of email, with the formal decision in the form of a Secretary General letter to follow.

Other Procedures to Support a Timely, Fair and Efficient Proceeding

Commission staff may use other procedures to support a timely, fair and efficient process including:

• If staff deems that a procedural or evidentiary issue could be better resolved by way of oral submissions or a form of mediation, it may convene a Preparatory Conference like that contemplated by paragraph 37 of the Rules of Procedure.
• Commission staff may also consider the use of oral questioning, whether in camera or in the style of Preparatory Conference above. This will allow staff to ask technical questions with the express purpose of avoiding multiple rounds of RFIs. All parties will be notified of the meetings and their agenda. Where the meetings occur in camera, to ensure procedural fairness, detailed notes of these sessions will be taken, and an abridged version will be placed on the public record.

Conclusion

The strong public interest in a timely decision on this proceeding requires a timely, fair and efficient process. We look forward to working with all parties, in the spirit of cooperation, towards developing a framework that will serve all Canadians.

Yours Sincerely,

Original signed by

Leila Wright
Executive Director
Telecommunications

Distribution list

Altima Telecom, franky@altimatelecom.com
Bell Canada, bell.regulatory@bell.ca
British Columbia Broadband Association (BCBA), regulatory@bcba.ca
CIK Telecom Inc, jordan.d@ciktel.com
Citywide, david@yourcitywide.com
CNOC, regulatory@cnoc.ca
Cogeco, telecom.regulatory@cogeco.com
Community Fibre, ben@communityfibre.ca
Competition Bureau, Conor.Parson@cb-bc.gc.ca
Coextro, skhandor@coextro.com
Comwave, edelduca@comwave.net
Distributel, regulatory@distributel.ca
Eastlink, regulatory.matters@corp.eastlink.ca
Ebox, jp@ebox.ca
Public Interest Advocacy Centre, jlawford@piac.ca
RCCI, regulatory@rci.rogers.com
SaskTel, document.control@sasktel.com
Shaw, Regulatory@sjrb.ca
Start, rocca@start.ca
Sunwire, jason@sunwire.ca
TCI (TELUS), regulatory.affairs@telus.com
TekSavvy, regulatory@teksavvy.ca
Vaxination Informatique, jfmezei@vaxination.ca
Vianet, regulatory@vianet.ca
Videotron, regaffairs@quebecor.com
Vmedia, george.burger@vmedia.ca
Zayo Canada, william.mcconnell@zayo.com
John Roman, johnphiliproman@gmail.com
Marc Nanni, mcrtc@proton.me
Peter Keriakos, Peter.Keriakos@crtc.gc.ca
Greg Lang, Greg.Lang@crtc.gc.ca
Tom Vilmansen, Tom.Vilmansen@crtc.gc.ca
Abderrahman Elfatihi, abderrahman.elfatihi@crtc.gc.ca
Adam Mills, adam.mills@crtc.gc.ca

Date modified:

2023-04-28