ARCHIVED - Order CRTC 2000-392

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Order CRTC 2000-392

Ottawa, 9 May 2000
Rates for service in Nova Scotia and changes to provisions for contribution and direct connection

 

Reference: MetroNet Communications Tariff Notices 9 and 10
This order approves on an interim basis revisions to MetroNet Communications' General Tariff providing for access services in Nova Scotia and Commission directed changes to definitions, contribution provisions and direct connection rates.

1.

AT&T Canada Telecom Services Company filed applications proposing revisions to MetroNet Communications' General Tariff (CRTC 21170). The applications, filed under Tariff Notices 9 and 10, were filed on 15 and 28 March 2000 respectively.

2.

Bell Canada filed comments on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. on 13 April 2000.

3.

AT&T Canada's proposed changes to MetroNet's contribution charge provisions do not fully reflect the Commission's determinations in the decisions listed below and should be amended to correct discrepancies:

i)     Contribution on traffic carried by alternate providers of long distance services over direct access lines, Telecom Decision CRTC 99-9, dated 20 July 1999;

ii)     Review of frozen contribution rate policy, Telecom Decision CRTC 99-20, 15 December 1999; and

iii)     a letter issued on 17 December 1999, in which the Commission ruled with respect to the Final Consensus Report (the report) filed on 23 June 1999 by the Industry Task Force on International Contribution Issues.

4.

In addition, the Commission considers that a note should be added specifying that the provisions associated with contribution charges would apply to MetroNet's switched interexchange services where interexchange services are defined by the applicable incumbent local exchange carrier's (ILEC's) exchange boundaries.

5.

Further, throughout Part C of MetroNet's tariff there are references to the terms "alternate provider of long distance services (APLDS)" and "interexchange carrier (IXC)". The term "APLDS" excludes the interexchange operations of the incumbent telephone companies while the term "IXC" excludes those of resellers.

6.

The Commission considers that AT&T Canada should replace the terms "APLDS" and "IXC" with the term "interexchange service provider (IXSP)", where applicable, to ensure that MetroNet's tariff is accurate with respect to the applicability of various interconnection and contribution provisions. In association with this change, the tariff should include a definition for IXSP.

7.

MetroNet's tariff does not include provisions for 9-1-1 Emergency Response Service (ERS) in the province of Nova Scotia. The Commission notes that competitive local exchange carriers are required to enter into agreements with the municipalities or the province for the provision of 9-1-1 ERS. In the absence of such agreements, a tariff would define the relationship between MetroNet and particular municipalities or the province.

8.

In addition to the above, the Commission is of the view that the tariff requires other minor changes for the purposes of correcting and clarifying various terms and conditions.

        9. In light of the foregoing, the Commission orders that:

a) The proposed tariffs are approved on an interim basis, with the following amendments:

i)     in Item 101, Definitions, add the following definitions for "competitive pay telephone service provider" and "interexchange service provider":

Competitive pay telephone service provider means a company or individual that provides competitive pay telephone service for use by the general public. For the purpose of this tariff, the competitive pay telephone service provider is the Company's customer.

Interexchange service provider is an IXC or reseller which provides interexchange services.

ii)     in Part C, change all occurrences of the terms "IXC" or "APLDS" to "IXSP" except where the term "IXC" appears in Items 300(n) and 300(o) and where the reference is to the "CLEC-IXC Agreement" in Items 300(c), 300(f), 301(e), 302(b) and 302(c).

iii) in Item 304(1)(a)

  • add the following sentence to the end of the second paragraph: "Where applicable, the contribution charges specified in Items 304.1 and 304.2 will be attributed to MetroNet's interexchange traffic where   interexchange services are defined by the applicable ILEC's exchange boundaries.";
  • replace the title of the first table with: "Contribution charge, each minute of traffic, carriers and other service providers that use DALs";
  • replace the title of the second table with: "Contribution charge, each minute of traffic, carriers and other service providers that have attested that they do not use DALs"; and
  • in "note 2" replace the term "APLDS" with the phrase "carriers and other service providers".

iv) amend Item 304(1)(b) as follows:

  • foreachoperating territory, replace the title in the first sub-column with: "Carriers and other service providers that use DALs";
  • for each operating territory replace the title in the second sub-column with: "Carriers and other service providers that have attested that they do not use DALs";
  • in "note 1" replace the term "APLDS" with "carriers and other service providers".

v)     replace Items 304(2) and 304(3) with the following:

2.       Overseas and Canada-U.S. Circuits
a)     For each overseas circuit that uses an international interconnection point located in the applicable ILEC's operating territory and for each Canada-U.S. circuit that crosses the border at a point located in the applicable ILEC's operating territory, the contribution charges specified below apply. The determination of whether or not an individual carrier's or other service provider's international traffic is DAL surcharge-exempt is based on the exempt/non-exempt status of the carrier or other service provider that hands off the international traffic directly to or receives such traffic directly from the Class A licensee. Where the originating/terminating carrier or other service provider is also the Class A licensee, it is the status of the originating/terminating carrier or other service provider that applies.
Carriers and other service providers that use DALs
Contribution charge, each minute of traffic (effective 2000/01/01)

Peak Period $0.0075
Off-Peak Period $0.0038
Carriers and other service providers that have attested that they do not use DALs (Note 1)
Contribution charge, each minute of traffic (effective 2000/01/01)
Peak Period $0.0066
Off-Peak Period $0.0033

Note 1: An attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to the applicable ILEC and the Commission, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the Commission immediately, serving a copy on the ILEC, and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.

b)     Class A licensees are required to report detailed monthly contribution minute information to the applicable ILEC, the Commission and the Central Fund Administrator (CFA) within 60 days of the end of the applicable month as follows:

i)     with respect to contribution-eligible international traffic that the licensee transports between Canada and the United States using circuit switching protocol on telecommunications facilities operated by the licensee, the licensee shall: a) report to the ILEC in whose territory a Canada-U.S. circuit crosses the border all contribution-eligible minutes, and b) remit to the ILEC the applicable contribution charges as specified in MetroNet's tariffs;

ii)     with respect to contribution-eligible international traffic that the licensee transports between Canada and a country other than the United States using circuit switching protocol on telecommunications facilities operated by the licensee, the licensee shall: a) report to the ILEC in whose territory the gateway switch (i.e., the last switching point for outbound minutes and the first point of switching for inbound minutes) is located all contribution-eligible minutes, and b) remit to the ILEC the applicable contribution charges as specified in MetroNet's tariffs;

iii)     with respect to contribution-eligible international traffic that the licensee converts from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit switched minutes terminating in Canada, the licensee shall: a) report to the ILEC all contribution-eligible minutes as measured at the point of conversion, to the ILEC in whose territory the conversion occurs, and b) remit to the ILEC the applicable contribution charges as specified in MetroNet's tariffs; and

iv)     all minutes reported in (i), (ii) and (iii) above shall be split by peak and off-peak periods and, where possible, by type of domestic service provider i.e., APLDs versus ILEC.

In cases in which the licensee has no traffic to report, the licensee shall provide a nil report to the ILEC, the Commission and the CFA.
(c)     Class A licensees are required to provide a quarter-ending report to the applicable ILEC, the Commission and the CFA within 60 days of the end of the applicable quarter as follows:

i)     an affidavit signed by a senior officer of the licensee, attesting to the completeness and accuracy of the contribution reports and remittances covering the past three months;

ii)     the number of Canada-U.S. and Canada-Overseas circuits (in units of DS-1 equivalents) as of the last day of the quarter, on which it has measured international contribution-eligible minutes in the preceding three months; and

iii)     a declaration of the existence of protocol-conversion points, by ILEC territory, at which international contribution-eligible circuit switched minutes originating in Canada are converted to non-circuit switched traffic or at which non-circuit switched international traffic is converted to contribution-eligible circuit switched minutes terminating in Canada.

If there is no traffic to report, the affidavit shall state why the licensee has no traffic to report.

d)     As an alternative to providing monthly and quarterly reports to the ILEC as noted in b) and c) above, the Class A licensee may choose to provide these reports to an affiliated CLEC or a CLEC with which such Class A licensee has a preferred relationship, as defined in the Central Fund Administration Agreement, and to remit the applicable contribution payment to that CLEC. When a Class A licensee elects to use this alternative reporting method, that Class A licensee must advise the ILEC in writing of this choice, at least one month prior to the date the change becomes effective.
e)     in Item 304(4), delete sub-item (iii) and renumber the remaining items accordingly.
b)      AT&T Canada is directed to issue forthwith revised tariff pages incorporating the changes set out above.
c)     In the absence of executed 9-1-1 ERS agreements with the municipality or province of Nova Scotia, AT&T Canada is directed to file forthwith proposed 9-1-1 ERS tariff provisions for the province of Nova Scotia.

Secretary General


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