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Telecom - Staff Letter addressed to various parties

Ottawa, 9 November 2023

Reference(s): 8640-K1-202201169

VIA EMAIL

Philippe Gauvin, Assistant General Counsel
KMTS, a division of Bell Canada
160 Elgin Street, 19th Floor
Ottawa ON K2P 2C4
bell.regulatory@bell.ca

Jocelyn Kearney, VP, Regulatory Affairs
Shaw Telecom G.P.
630 3rd Ave SW
Calgary AB T2P 4L4
regulatory@sjrb.ca

Robert Olenick, Regulatory Analyst
Tbaytel
1046 Lithium Drive,
Thunder Bay ON P7B 6G3
tbtregulatory@tbaytel.com

Subject: Kenora Municipal Telephone Service (KMTS) – Application requesting forbearance from the regulation of Wide Area Networking (WAN) Services – Request for information

Dear recipients,

The Commission is presently considering the above-referenced Part 1 application filed by Kenora Municipal Telephone Service (KMTS). In this application, KMTS has requested the Commission to refrain from exercising its powers and duties to regulate Wide Area Network (WAN) Services.

In its application, KMTS indicates that Shaw Communications Inc. (Shaw) and Tbaytel are capable of providing WAN services in KMTS’ operating regions of Kenora and Keewatin, Ontario, as both companies are present within the City of Kenora, and Tbaytel’s fibre network services Keewatin.

Section 37 of the Telecommunications Act (the Act) provides that the Commission may require Canadian carriers or any person to file information or documents that the Commission considers necessary for the administration of the Act.

Accordingly, KMTS, Shaw, and Tbaytel are required to provide complete responses to the attached request for information by November 23. KMTS will have until  December 1 to comment on the information provided in the received responses.

Question to KMTS:

The application makes reference to the principles outlined in the Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation (the 2019 Policy Direction). The current applicable Policy Direction, however, is the Order Issuing a Direction to the CRTC on a Renewed Approach to Telecommunications Policy (the 2023 Policy Direction). Please comment on how the present application is consistent with the 2023 Policy Direction’s goals and objectives.

Questions to Shaw and Tbaytel:

  1. In its application, KMTS submits that Tbaytel and Shaw have the technology and the network required to provide WAN Services in the exchanges of Kenora and/or Keewatin, Ontario.  
    1. Please confirm if you have the technology and the network required to provide WAN services in Kenora, Keewatin, or both.
    2. Indicate whether these services are offered or available in Kenora or Keewatin, or both.
  2. If you indicated that you do not have the technology and the network required to provide WAN services:
    1. Provide a description of the technology and network capabilities you currently have in the exchanges of Kenora and/or Keewatin.

Copies of this letter and all related correspondence will be added to the public record of this proceeding and posted on the CRTC website.

Section 39 of the Act and Broadcasting and Telecom Information Bulletin 2010-961  provide that persons may designate certain information submitted to the Commission as confidential. A detailed explanation of 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 its disclosure. A person designating information as confidential must either file an abridged version of the document omitting only the confidential information or provide reasons why an abridged version cannot be filed.

Your sincerely,

Original signed by

Lisanne Legros
Director, Telecommunications Networks Policy
Telecommunications Sector

c.c.: alexis.kampman@crtc.gc.ca
lisanne.legros@crtc.gc.ca

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