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Telecom Circular CRTC 2004-2
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Ottawa, 10 February 2004 |
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Expedited procedure for resolving competitive issues
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Background
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1. |
The Commission has, in the past, adopted
practices and procedures in an effort to increase the speed with which
competitive issues arising under the Telecommunications Act (the
Act) are resolved. For example, the Commission issued New procedures
regarding competitive issues, Telecom Public Notice CRTC
95-51, 8
December 1995, which established an alternative framework for dispute
resolution. In Practices and procedures for resolving competitive and
access disputes, Public Notice CRTC
2000-65, 12 May 2000 (Public
Notice 2000-65), the Commission set out the objective that Commission
determinations with respect to competitive disputes would, wherever
possible, be released within 90 days of a formal request for such
a determination. |
2. |
The Commission has, unfortunately, found
that the processes it adopted have not permitted determinations to be
made with respect to competitive disputes arising under the Act within
the proposed 90-day period as frequently as desired. |
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New practices and procedures
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3. |
In order to provide expedited decisions on
certain competitive issues, the Commission will establish a series of
Commission panels to conduct brief public hearings to deal with such
issues on an accelerated basis. |
4. |
These panels will generally deal with
competitive matters involving no more than two parties, where the issues
to be resolved involve the interpretation and application of tariffs,
orders or requirements set out in Commission decisions to a particular
fact situation. |
5. |
The Commission will determine which matters
should be referred to a panel. Where the Commission is considering
whether or not to refer a matter to a panel, the procedures set out in
the CRTC Telecommunications Rules of Procedure will generally be
abbreviated and accelerated. Given the importance that the Commission
attaches to the timely resolution of competitive disputes, extensions of
time for the filing of materials will generally not be granted. |
6. |
Where the Commission determines that a
matter before it should be determined by the panel, parties will
generally be required to attend at a brief oral hearing. Parties
attending at such hearings will be required to bring with them all
relevant documentation and knowledgeable personnel. An adverse inference
may be drawn, if appropriate, from the failure of a party to bring all
relevant documentation and knowledgeable personnel to the oral hearing. |
7. |
The Commission may also request further
information from one or more of the parties to be filed before or at the
oral hearing. In addition, each party will be required to file with the
Commission, and serve on every other party, a document consisting of a
concise argument stating the facts and Commission requirements and
regulatory decisions relied on by the party, generally at least 10 days
before the oral hearing. Parties should also include in this document a
concise statement of any relief sought. This document may be no longer
than 10 pages in length. |
8. |
During the course of the oral hearing,
parties will be permitted to question each other and will also be
questioned by the Commission. Verbatim transcripts of the hearing will
be kept and posted on the Commission's web site. |
9. |
Hearings will generally be held in Salon
Réal Therrien on the 7th floor of the Central Building, Les
Terrasses de la Chaudière, 1 Promenade du Portage, Gatineau, Quebec. |
10. |
Either at or within a few days of the oral
hearing, the panel will issue brief written decisions with respect to
each matter disposed of by the panel. |
11. |
The Commission notes that parties have a
number of other options to resolve outstanding issues, including
bilateral negotiations, third-party mediation or staff assisted dispute
resolution. The Commission encourages parties, prior to applying for
formal dispute resolution pursuant to this Circular, to attempt to
exhaust these means to resolve outstanding issues in an efficient and
effective manner. |
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Timing of new practices and procedures
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12. |
The new expedited procedure will be
effective as of the date of the issuance of this Circular. |
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Secretary General |
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This document is available in
alternative format upon request and may also be examined at the
following Internet site:
http://www.crtc.gc.ca |