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Ms. Danielle May‐Cuconato Secretary General Canadian Radio‐Television and Telecommunications Commission Ottawa, on K1A 0N2

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Ms. Danielle May‐Cuconato Secretary General Canadian Radio‐Television and Telecommunications Commission Ottawa, on K1A 0N2 Ms. Danielle May‐Cuconato Secretary General Canadian Radio‐television and Telecommunications Commission Ottawa, ON K1A 0N2 July 3, 2017 Filed VIA GCKEY Re: TNW Wireless Inc. Part 1 Application RELATING TO BELL MOBILITY INC. AND TELUS COMMUNICATIONS COMPANY REFUSAL TO PROVIDE TNW WIRESS INC. WITH MANDATORY WHOLESALE ROAMING AGREEMENTS REQUIRED UNDER TELECOM REGULATORY POLICY CRTC 2015‐177 AND AS SPECIFIED IN THEIR CARRIER ACCESS TARIFFS, CRTC 15011 ITEM 100 AND CRTC 21642, ITEM 233 RESPECTIVELY Dear Ms. May‐Cuconato, 1. Pursuant to sections 24, 25, 32, 47, 55, and 61 of the Telecommunications Act (“Act”) and Part I of the Canadian Radio‐television and Telecommunications Commission (the “Commission”) Rules of Practice and Procedure (“Rules”), TNW Wireless Inc. (“TNW”) hereby attaches and application (“Application”) relating to Bell Mobility Inc. (“Bell”) and Telus Communications Company (“Telus”) refusals to provide TNW with wholesale roaming agreements under their respective Carrier Access Tariffs and as mandated by the Commission under Telecom Regulatory Policy CRTC 2015‐177 (“CRTC 2015‐177”). 2. TNW is seeking interim relief on an expedited basis to have the Commission compel Bell and Telus to provide in good faith and on economic terms, Wholesale Roaming Agreements as per their respective Carrier Access Tariffs including all necessary interconnection processes and guidelines as set out by the GSM Association Permanent References with Syniverse within 30 days of the delivery of the Wholesale Roaming Agreements and in the interim, the ability to use iPCS technology until such time as it rules on final relief. 3. TNW is seeking the following final relief from the Commission: TNW requests that the Commission direct both Bell and Telus to provide TNW in good faith with Wholesale Roaming Agreements as per their respective Carrier Access Tariffs under reasonable economic terms and that the Commission direct both Bell and Telus to proceed with all necessary interconnection process and guideline as set by the GSM Association Permanent References and to complete the interconnection through Syniverse’s facilities in no more than 30 days after the delivery of the Wholesale Roaming Agreements. a. TNW requests that within the Wholesale Roaming Agreements, the Commission direct Bell and Telus not to make as pre‐conditions to an agreement inclusions of clauses and components or even discussions regarding specific contract items as already ruled to be excluded from their tariffs in the Commission’s Decision CRTC 2017‐56 such as identified in paragraphs 55, 75 and 106 of the Decision. b. Further to 21 b. TNW requests that the Commission direct Bell and Telus not to refuse to provide Wholesale Roaming Agreements on the basis of any perceived misuse they deem may occur. c. TNW further requests that the Commission review its iPCS technology for compliance with CRTC 2017‐56 and a determination that the use of iPCS while on Wi‐Fi using Wi‐ Node cannot be deemed roaming. 4. TNW is also requesting interim relief on an expedited basis for the Commission to compel Bell and Telus to provide in good faith and on economic terms, interim wholesale roaming agreements as per their respective Carrier Access Tariffs which includes in the interim, the ability to use iPCS technology until such time as it rules on final relief. 5. Nothing filed by TNW in this Application is being filed in confidence. Sincerely, Lawry Trevor‐Deutsch President Attachment CC: Chris Seidl, CRTC (via email) John Macri, CRTC (via email) Lyne Renaud, CRTC (via email) Michel Murray, CRTC (via email) Mirko Bibic, Executive Vice President and Chief Legal & Regulatory Officer, Bell Canada and BCE (via email) Jonathan Blakey, Bell Mobility (via email) E. Todd Tomkinson, Bell Mobility (via email) Ivan Mihaljevic, Bell Mobility (via email) Stephen Schmidt, VP Telecom Policy & Chief Regulatory Legal Counsel Telecom Policy and Regulatory Affairs, Telus Communications Company (via email) Tony McCarthy, Telus Communications Company (via email) David Morrow, Telus Communications Company (via email) BEFORE THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION IN THE MATTER OF AN APPLICATION BY TNW WIRELESS INC. (APPLICANT) PURSUANT TO THE PART 1 OF THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RULES OF PRACTICE AND PROCEDURE AND SECTIONS 24, 25, 32, 47, 55, AND 61 OF THE TELECOMMUNCIAIONS ACT DIRECTED TO BELL MOBILITY INC. AND TELUS COMMUNICATIONS COMPANY (RESPONDENTS) RELATING TO BELL MOBILITY INC. AND TELUS COMMUNICATIONS COMPANY REFUSAL TO PROVIDE TNW WIRELESS INC. WITH MANDATORY WHOLESALE ROAMING AGREEMENTS REQUIRED UNDER TELECOM REGULATORY POLICY CRTC 2015-177 AND AS SPECIFIED IN THEIR CARRIER ACCESS TARIFFS, CRTC 15011 ITEM 100 AND CRTC 21642, ITEM 233 RESPECTIVELY TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 1.0 INTRODUCTION AND REQUESET FOR RELIEF ......................................................... 6 1.1 The Application and the confidentiality claim ................................................................. 6 1.2 Rationale for the Application ........................................................................................... 6 1.3 Relief requested .............................................................................................................. 10 1.3.1 Final relief ............................................................................................................... 10 1.4 Structure of the Application ........................................................................................... 11 2.0 BACKGROUND TO THE DISPUTE ............................................................................... 11 3.0 BELL AND TELUS HAVE NO LEGAL BASIS FOR REFUSING TO PROVIDE TNW WITH ROAMING AGREEMENTS ............................................................................................ 13 3.1 Base telecommunications policy .................................................................................... 13 3.2 Reasons Bell has given for refusal to provide a roaming agreement ............................. 14 3.3 Bell has failed to demonstrate any legal basis for refusing to provide TNW a roaming agreement .................................................................................................................................. 15 3.4 Reasons Telus has given for refusal to provide a roaming agreement ........................... 16 4.0 IPCS TECHNOLOGY IS FULLY COMPLIANT WITH CRTC 2017-56 ....................... 17 4.1 General description of iPCS technology ........................................................................ 17 4.2 Ensuring incidental roaming .......................................................................................... 19 5.0 INDUSTRY AND COMPETITIVE ISSUES .................................................................... 20 5.1 The competitive landscape in the Canadian wireless market ......................................... 20 5.2 TNW’s iPCS is a technology which is not only compliant with current regulations but operates on a fair competitive basis .......................................................................................... 22 5.3 iPCS and E911 ............................................................................................................... 24 ii 6.0 TNW MEETS THE TEST FOR INTERIM RELIEF ........................................................ 26 6.1 There are serious issues to be determined ...................................................................... 26 6.2 TNW will suffer irreparable harm if the interim relief is not granted ............................ 27 6.3 The balance of convenience favours TNW .................................................................... 27 7.0 RELIEF SOUGHT PROMOTES THE TELECOMMUNICATIONS POLICY OBJECTIVES AND IS CONSISTENT WITH POLICY DIRECTION ...................................... 28 7.1 The relief sough is consistent with the Policy Direction ................................................ 30 8.0 CONCLUSION .................................................................................................................. 31 9.0 LIST OF PARTIES SERVED ........................................................................................... 31 10.0 NOTICE ............................................................................................................................. 31 Schedule 1 iPCS Smartphone-over-IP Cloud Spectrum…………………………………………….33 iii EXECUTIVE SUMMARY ES-1. This Part 1 Application is being brought on behalf of TNW Wireless Inc. (“TNW”). Any capitalized or shorthand terms not defined in this Executive Summary are defined in the balance of the Application. ES-2. TNW Wireless Inc. (formerly known as RuralCom Corporation “RuralCom”) is a licensed wireless operator offering wholesale and retail service in Canada. The company currently holds 25MHz bandwidth tier-2 850 MHz licenses which provide service to certain areas in the northwest region of British Columbia and parts of Yukon. Its licensed territory also includes the majority of the Alaska Highway. ES-3. TNW also provides access to its Home Public Mobile Network (“HPMN”) and global communication services through a licensing agreement to operate iPCS, a Smartphone- over-IP technology. iPCS uses cloud spectrum and works seamlessly between Wi-Fi and 4G/LTE. The technical details of iPCS are provided in Section 4.0 of the Application.
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