Telecom - Staff Letter addressed to Jeremy Lim (Rancho Management Services (B.C.) Ltd.)
Ottawa, 23 August 2023
Our reference: 8622-C143-202303684
VIA EMAIL
Jeremy Lim
Rancho Management Services (B.C.) Ltd.
Property Manager for Strata Corporation EPS 2415
9388 Odlin Road and 9333 Tomicki Avenue in Richmond, British Columbia, V6X 1C9
jlim@ranchogroup.com
Subject: Part 1 application filed by CIK Telecom Inc. for non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit “Omega” administered by Strata Corporation EPS 2415
Dear Jeremy Lim,
On 13 June 2023, the Commission received an application from CIK Telecom Inc. (CIK Telecom). In its application, CIK Telecom is requesting that the Commission grant it non-discriminatory and timely access on reasonable terms and conditions to the multi-dwelling unit (MDU) “Omega” at 9388 Odlin Road and 9333 Tomicki Avenue in Richmond, British Columbia, and administered by Strata Corporation EPS 2415 (EPS 2415). CIK Telecom indicated that it served this application on EPS 2415.
As set out in subsection 25(1) of the Rules of Practice and Procedure, a respondent to an application may file an answer with the Commission within 30 days after the day on which the Commission posts the application on its website. The above-referenced application was posted on the Commission’s website on 21 June 2023; hence, the respondent (EPS 2415) was entitled to file an answer with the Commission by 21 July 2023. However, Commission staff notes that EPS 2415 did not file an answer.
The Commission makes findings of fact based on the evidence before it. Therefore, if EPS 2415 does not file an answer in response to CIK Telecom’s application, the Commission may assume that you agree with the facts alleged in the application and make its determination on this basis – which could affect EPS 2415.
EPS 2415 is therefore requested to submit to the Commission, by no later than 7 September 2023, either:
- A confirmation that it has no response to submit to the Commission regarding the above-referenced application or
- A response to the Commission in answer to CIK Telecom’s application which otherwise conforms to the Rules of Practice and Procedure.
A failure to respond will be interpreted as a confirmation that EPS 2415 has no response for the Commission.
Commission staff advises that, as set out in paragraph 26(2)(k) of the Rules of Practice and Procedure, EPS 2415’s response must be served on the applicant (i.e., CIK Telecom). Commission staff also advises that CIK Telecom may file with the Commission a reply to EPS 2415’s answer by no later than 17 September 2023.
Commission staff reminds EPS 2415 that, as set out in Telecom Decision 2003-45, the Commission established principles for the provision of telecommunications services by local exchange carriers (LECs) to end-users in MDUs. One of these principles states that all LECs who wish to serve the end-users in a MDU are able to do so in a timely basis, by means of resale, leased facilities, or their own facilities, at their choice, under reasonable terms and conditions.
As a reminder, a CRTC determination is not the only possible outcome of a Part 1 application. CIK Telecom Inc. and EPS 2415 are encouraged to pursue discussions and find a mutually agreeable solution. A Part 1 application, on request of the applicant, can be suspended or withdrawn as long as the CRTC has not yet published a decision.
Sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Jordan Deng, CIK Telecom Inc., jordan.d@ciktel.com
Joel Beaupre, CRTC, joel.beaupre@crtc.gc.ca
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