Archived—Response Letter to Bell Canada and Rogers Communications Inc., Regarding the Spectrum Aggregation Limit

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March 30, 2006

Ottawa, Ontario
K1A 0C8

Ken Engelhart
VP, Regulatory Affairs
Rogers Communications Inc.
333 Bloor Street East
Toronto, Ontario
M4W 1G9

Mirko Bibic
Chief, Regulatory Affairs Rogers
Bell Canada
110 O'Connor, 14th Floor
Ottawa, Ontario
K1P 1H1

Dear Sirs:

On November 21, 2005, the Department sent you a letter to confirm our view that Bell Canada ("Bell") and Rogers Communications ("Rogers") are Associated Entities for the application of the spectrum aggregation limit as outlined in the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 and 3500 MHz Bands ("the Policy").

As described in Section 7.2.3 of the Policy, Bell and Rogers had an opportunity to demonstrate why they should not be treated as Associated Entities in the presence of the agreements, arrangements or understandings as outlined in Section 7.2.2 of the policy. In your letter to the Department dated December 12, 2005, you withdrew the joint application to transfer your respective spectrum in the 2300 and 3500 MHz bands to the joint venture, and submitted supporting documentation in the form of a Partnership Agreement between NR Communications Limited (Bell) and Rogers Wireless Partnership (Rogers).

This letter is to advise you that we have reviewed the Partnership Agreement between Bell and Rogers, received by the Department on March 28, 2006, specifically Sections 7.1 and 7.2 (attached) (PDF, 247 KB, 2 pages) which refer to this issue. Based on this information, we have determined that Bell and Rogers are no longer to be treated as Associated Entities, for the application of the spectrum aggregation limit as outlined in the Policy and Licensing Procedures for the Auction of Spectrum Licences in the 2300 and 3500 MHz Bands ("the Policy"). Bell and Rogers must advise the Department of any relevant changes to the Partnership Agreement.

I would like to take this opportunity to remind you that Bell and Rogers have an obligation to continuing to comply with this, as well as other, licence conditions for the 2300 MHz and 3500 MHz frequency band.

Jan Skora
Director General
Radiocommunications and
Broadcasting Regulatory Branch

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