GATINEAU — Having already extended the deadline once for submissions to its proceeding regarding the appropriate network and service configurations for disaggregated wholesale high-speed access (HSA) services, the CRTC says it won’t delay the proceeding further by agreeing to add procedural steps requested by the Competitive Network Operators of Canada (CNOC).
The Commission launched the proceeding in June, and then revised the deadlines in July, making interventions due by October 5 and replies due by December 7, 2020.
However, on November 2, CNOC sent a letter to the CRTC asking for a Commission order to address alleged instances of non-compliance with directions set out in the notice of consultation requiring HSA service providers to submit configuration proposals which include reduced levels of disaggregation. According to CNOC’s complaint, Eastlink, Cogeco Communications and Rogers Communications have refused to file proposed service configurations featuring reduced levels of disaggregation.
“Due to the non-compliance of Cogeco, Eastlink and RCCI, CNOC is presently deprived of an opportunity to scrutinize configurations with reduced disaggregation levels for the respective networks of these carriers. CNOC’s ability to submit requests for information and prepare constructive reply comments addressing the respective configurations of these carriers is thus directly and substantially impeded, thereby also prejudicing CNOC’s procedural rights in this proceeding,” CNOC writes in its letter.
CNOC asked the Commission to direct the three carriers to file configuration proposals which include a reduced level of disaggregation within 30 days of the Commission’s order, and to also suspend the December 7 deadline for reply comments. CNOC further asked for a 30-day period to prepare and file requests for information, beginning on the day after the carriers submitted the new service configurations.
Additional procedural steps proposed by CNOC included allowing interested parties a further seven days to file requests for disclosure of confidential information, and wholesale HSA service providers having another seven days to reply to those requests. Finally, CNOC wanted another 30 days added to the proceeding to allow any party to file reply comments once all incumbent disclosure and further responses required by the Commission are filed on the public record.
In a procedural letter dated November 12, and posted to the CRTC website today, the Commission denies CNOC’s request to add these additional procedural steps.
“Commission staff considers it important that the overall process progresses in a timely manner and with minimal delays. Likewise, it is of the view that the public interest is better served by receiving reply comments by the deadline set out in the Notice in order to build the record of the proceeding, rather than adding additional procedural steps at this juncture,” reads the letter, signed by Chris Noonan, the CRTC’s director of competitive services and costing implementation for the telecom sector.
“Parties will have the opportunity to address any issues they have with the submissions of others in their reply comments. Further, should parties continue to have concerns regarding the record of the proceeding following the filing of reply comments, they can make their case at that time and consideration will be given as to whether any further process is necessary,” the letter continues.
So therefore, reply comments are still due on December 7.
