ARCHIVED - Order CRTC 2000-1109

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Order CRTC 2000-1109

 

Ottawa, 6 December 2000

  CRTC approves a contribution exemption for VTL Centrex lines used for local service
 

Reference: 8626-V2-01/00

 

The CRTC approves a contribution exemption for Centrex lines used for local service provided to VTL by Bell Canada.

1.

By letter dated 13 September 2000, Vidéotron Communications inc., on behalf of Vidéotron Télécom ltée (VTL), sought an exemption from contribution for certain Centrex services that it uses for resale purposes.

2.

VTL provided an affidavit affirming that the Centrex services are used to provide local services or single-hop extended area service. The affidavit affirmed that no local or interexchange private line services are connected to the Centrex systems. In the affidavit, VTL also provided a list of exchanges where Centrex services are resold. VTL requested that the exemption be effective the date of installation of the first service, 19 June 2000.

3.

By letter dated 6 October 2000, Bell Canada noted that the affidavit generally satisfies the requirement for the type of exemption requested. However, Bell Canada noted that it does not indicate which day in June that the affidavit was executed.

4.

Bell Canada confirmed that Centrex services have been installed for VTL in the exchanges noted.

5.

Bell Canada noted that VTL has requested that its affidavit be treated as confidential on the basis that disclosure of information in the affidavit might provide strategic information to its competitors. Bell Canada submitted that the widespread practice with respect to providing affidavits to support contribution exemptions had been to place them on the public record. Bell Canada stated that it is not aware of any other case where the Commission has treated this form of evidence as confidential.

6.

However, Bell Canada submitted that the lists of specific services that are the subject of an exemption application have been provided in confidence to the Commission in the past. Bell Canada stated that this is usually accomplished by providing an abridged version of the affidavit for the public record, or by listing such services in a confidential attachment filed with the affidavit.

7.

Bell Canada noted VTL's request that the exemption be effective the date of installation of the first service, 19 June 2000. In support of this request, VTL noted that it advised Bell Canada of the requirement for this exemption on 7 June 2000 by copy of the same affidavit that was provided with its application. Bell Canada confirmed that it did receive a copy of this affidavit on or near the date specified by VTL. Accordingly, Bell Canada agreed with the request that the effective date of the exemption can be the date of the installation of the first service.

8.

In light of the foregoing, Bell Canada agreed with the request for approval of an exemption. Bell Canada also requested that the Commission direct VTL to place its affidavit on the public record, in a manner consistent with its established practices under the contribution exemption regime.

9.

By letter dated 12 October 2000, VTL, in response to Bell Canada's request above, stated that it had no objection to placing the affidavit in question on the public record in accordance with established practice.

10.

The Commission is of the view that the affidavit meets the evidentiary requirements for an exemption in this case. However, the Commission notes that the affidavit is deficient since it is missing the execution date. The Commission is of the view that VTL should file a new properly executed affidavit.

11.

The Commission notes that Bell Canada has provided carrier verification that it had received a copy of the original affidavit on or near the date specified by VTL (7 June 2000), and that it agreed with the request that the effective date of the exemption be the date of the installation of the first service.

12.

In light of the foregoing, the Commission approves VTL's application effective the date of installation of the first service, such that no contribution is payable, subject to VTL filing a new properly executed affidavit within 30 days of the date of this order.

13.

The Commission also notes that VTL's original affidavit has been placed on the public record in accordance with Bell Canada's request and VTL's concurrence.

 

Secretary General

 

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