ARCHIVED -  Telecom Order CRTC 99-640

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Telecom Order CRTC 99-640

 

Ottawa, 13 July 1999

 

On 10 May 1999, Call-Net Enterprises Inc. (Call-Net), on behalf of Call-Net Communications Inc. (CNCI), filed an application for interim approval of tariff revisions related to the implementation of a per-minute regime for contribution on international traffic pursuant to Telecom Order CRTC 99-302, 31 March 1999 (Order 99-302).

 

File No.: Tariff Notice 3

 

1. In Order 99-302, the Commission directed the Competitive Local Exchange Carriers (CLECs) to (1) file proposed interim tariff revisions consistent with the Bell Canada (Bell) tariffs granted interim approval in the Order, specifying an effective date of 1 April 1999, or (2) show cause why such tariffs should not be put in place.

 

2. Call-Net proposed to retain CNCI’s existing definition of an interexchange carrier, which differs slightly from that approved for Bell in that it would include the incumbent local exchange carriers (ILECs) who offer interexchange services. Call-Net argued that its definition is appropriate, and that the definition in Bell’s tariffs would incorrectly exclude ILECs from the application of Call-Net’s tariffs. The Commission agrees with Call-Net.

 

3. The Commission notes that Call-Net’s definition of a CLEC differs from that approved for Bell, and contains some redundant wording. The Commission considers that the definition of a CLEC approved for Bell is preferable and should be reflected in CNCI’s General Tariff.

 

4. The Commission also notes that the tariff provisions related to contribution charges on Overseas Circuits state that "the Company and the applicable ILEC" must be advised of the Class A licensee’s decision to remit its contribution payment to an affiliated CLEC or a CLEC with which it has a preferred relationship. Since contribution must be remitted to the ILEC unless the Class A licensee opts to do otherwise, the Commission considers that only the applicable ILEC need be advised of the Class A licensee’s decision.

 

5. The Commission further notes that the tariff provisions related to contribution charges on Canada-U.S. Circuits refer to "the Company", defined to mean CNCI, when they should refer to "the ILEC".

 

6. In light of the above, the Commission orders that:

 

1. The proposed tariff revisions are granted interim approval, effective 1 April 1999, with the following modifications:

 

(a) replace the proposed definition of a CLEC, by the following definition: "Competitive Local Exchange Carrier" (CLEC) means a Canadian carrier as defined in section 2 of the Telecommunications Act, recognized as a CLEC by the CRTC pursuant to Telecom Decision CRTC 97-8;

 

(b) delete the words "the Company and" from the second sentence in Item 304.2 (b); and

 

(c) replace every occurrence of the term "the Company" by "the ILEC" in Item 304.3 (a).

 

2. CNCI is to issue forthwith revised tariff pages.

 

Secretary General

 

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