Telecom - Staff Letter addressed to Jeremy Lim (Rancho Management Services (B.C.) Ltd.)
Ottawa, 23 August 2023
Our reference: 8622-C143-202303692
BY EMAIL
Jeremy Lim
Rancho Management Services (B.C.) Ltd.
Property Manager for Strata Corporation BCS 1060
6233 Katsura Street and 9133 Hemlock Drive, Richmond BC V6Y 4K1
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 “Katsura and Sequoia Hamptons Park” administered by Strata Corporation BCS 1060
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) “Katsura and Sequoia Hamptons Park” located at 6233 Katsura Street and 9133 Hemlock Drive in Richmond, British Columbia, and administered by Strata Corporation BCS 1060 (BCS 1060). CIK Telecom indicated that it served this application on BCS 1060.
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 (BCS 1060) was entitled to file an answer with the Commission by 21 July 2023. However, Commission staff notes that BCS 1060 did not file an answer.
The Commission makes findings of fact based on the evidence before it. Therefore, if BCS 1060 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 BCS 1060.
BCS 1060 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 BCS 1060 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, BCS 1060’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 BCS 1060’s answer by no later than 17 September 2023.
Commission staff reminds BCS 1060 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.
Commission staff is encouraged to learn that CIK Telecom and BCS 1060 are willing to continue negotiations in good faith. As a reminder, a CRTC determination is not the only possible outcome of a Part 1 application. CIK Telecom Inc. and BCS 1060 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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