Archived—Teleglobe Canada Inc. (2)

André Bourbonnais
Vice-president, Affaires juridiques et réglementaires
et Secrétaire de la société
Vice President, Legal and Regulatory Affairs
and Corporate Secretary


Montreal, November 5, 1998

Mr. Ronald Amero
Director, Space and International
Regulatory Activity Directorate
Radiocommunications and Broadcasting
Regulatory Branch
Industry Canada
300 Slater Street,
Ottawa, Ontario, K1A OC8

Dear Mr. Amero:

Teleglobe Canada Inc. ("the Corporation") has reviewed the proposed Regulations amending the Radiocommunications Regulations published on October 10, 1998 in the Canada Gazette, Part I (the proposed Amendments").

The Corporation would hereby like to confirm that it concurs with the proposed amendments.

In the Corporation's view, the proposed amendments are required:

  1. in order for Canada to comply with its commitments under the General Agreement on Trade in Services Agreement on Basic Telecommunications liberalizing trade in telecommunications services.

    Such commitments included Canada's commitment to end the Corporation's exclusive mandate as of October 1, 1998.
  2. in order for the Parliament to be consistent with, and/or respect the letter and intent of the Telecommunications Act (as now amended by Bill C-17) which provides that "earth stations that provide telecommunications services by means of satellite" are exempt from foreign ownership restrictions. Failure to adopt the "foreign ownership exemption" contained in the proposed amendments with regard to earth stations would, in practice, invalidate same exemption contained in the Telecommunications Act.
  3. in order for Canada to avoid potential allegations of discrimination between technologies by creating a distinction in the treatment of mobile satellite services (MSS) and fixed satellite services (FSS). Should such a distinction be made, Canada could be considered to be in violation of its WTO commitments on the basis of discrimination between technologies, i.e., international submarine cables vs. earth stations. Indeed, the exemption from foreign ownership constraints contained in Bill C-17 with regard to earth stations and hence those contained in the proposed amendments are required, amongst other reasons, to counterbalance the insertion of a provision exempting from same restrictions the international submarine cables. The Corporation thus believes that the introduction of a distinction between the provision of international telecommunications services through fixed or mobile satellite services would be unwarranted and unsupported by the provisions of the Telecommunications Act (as now amended by Bill C-17).

Best regards,

Téléglobe Canada Inc.
1000, rue de la Gauchetière ouest
Montréal (Québec)
Canada H3B 4X5
Telephone : 1-514-868-7722
Fax : 1-514-868-7438

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