Telecom - Staff Letter addressed to John Sharkey (Dwell Property Management)
Ottawa, 23 August 2023
Our reference: 8622-C143-202303725
VIA EMAIL
John Sharkey
Dwell Property Management
Property Manager for Strata Corporation LMS 818
8880 Jones Road in Richmond, British Columbia, V6Y 3Z1
john.sharkey@dwellproperty.ca
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 “Redonda” administered by Strata Corporation LMS 818
Dear John Sharkey,
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) “Redonda” at 8880 Jones Road in Richmond, British Columbia, and administered by Strata Corporation LMS 818 (LMS 818). CIK Telecom indicated that it served this application on LMS 818.
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 (LMS 818) was entitled to file an answer with the Commission by 21 July 2023. However, Commission staff notes that LMS 818 did not file an answer.
The Commission makes findings of fact based on the evidence before it. Therefore, if LMS 818 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 LMS 818.
LMS 818 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 LMS 818 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, LMS 818’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 LMS 818’s answer by no later than 17 September 2023.
Commission staff reminds LMS 818 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 LMS 818 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
- Date modified: