ARCHIVED - Order CRTC 2000-789-1

Order CRTC 2000-789-1

Ottawa, 31 January 2001

Terms and rates approved for large cable carriers' higher speed access service

Reference: Cogeco Cable Canada inc. Tariff Notices 3 and 3A; Rogers Communications Inc. Tariff Notices 9 and 9A; Shaw Communications Inc. Tariff Notice 3; and Vidéotron ltée Tariff Notices 6 and 6A and related agreements

Corrections to Order CRTC 2000-789 dated 21 August 2000

Rogers Communications Inc. Tariff Notice 9A should be included in the reference.

The appendix of the order is amended as follows and the revised text is in bold:

Directions to Cogeco, Rogers, Shaw and Vidéotron

• Include the following Item in the tariffs as Item 102.1.1 for Cogeco, Rogers, Shaw and Item 101.1.1 for Vidéotron:

"Nowhere in the tariff or in an Agreement entered into between [name of carrier] and its customer with respect to this service, shall there be a limitation, restriction or other term that is less favourable than the basis on which the [name of carrier] uses its facilities to offer its own higher speed retail Internet Service."

• Delete terms providing that the terms and tariffs do not apply to services and facilities provided by the carrier to its own retail IS subscribers (Cogeco, Rogers and Shaw Item 102.1.1; Vidéotron Item 101.1.1).

• Incorporate the service suspension and termination terms set out in paragraph 32 of Order 2000-397.

• a) Amend the definition of Cable Modem Retail Level Internet Services and of the POI and all other relevant terms, removing references to DOCSIS, including the requirement for DOCSIS compatibility and compliance;

b) Include a term requiring that the cable modem used by the ISP must be compatible with the carrier's access and distribution system.

• Delete all terms that require a) the carrier's approval or certification of specific modem models used by ISPs and b) provide the carrier may change or withdraw such approval once given (Item 102.9.2 for Cogeco, Shaw and Rogers and Item 200.2.k for Vidéotron).

• Include a term providing that the ISP and the carrier will give each other advance notice in writing of POI and network changes that affect the other party six months before the proposed changes or when the carrier or ISP makes the decision to proceed with the change, whichever is earlier (that is, a minimum of 6 months notice).

• Include a term providing that the carrier will maintain a current list of existing POIs in the tariff.

• With reference to the slamming charge, substitute $60 for $300.

• Ensure the tariff clearly indicates that the one year minimum service period applies only to charges associated with the POI, and not to end-user charges.

• Reword terms referring to service availability such that they provide that the access service will be available in locations where the carrier offers retail higher speed IS, provided the necessary facilities and equipment are available (Cogeco, Rogers and Shaw Item 102.3.3, Vidéotron, Item 200(3)(m)).

• With respect to Item 102.1.2 (Rogers and Cogeco), Item 101.1.3 (Vidéotron) substitute and, in the case of Shaw (new Item 102.1.3), insert the following: "These terms do not limit (name of carrier) liability in case of deliberate fault or gross negligence, anti-competitive conduct, or of breach of contract where the breach results from the gross negligence of (name of carrier)."

Directions to Cogeco, Rogers, Shaw or Vidéotron

a) Cogeco, Rogers and Shaw - Add "validly" before "disputed" in the first sentence of Item 102.7.2.

b) Vidéotron - Replace "successfully" in Item 200.3.q with "validly".

c) Cogeco, Rogers and Shaw - Revise tariffs and service agreements by inserting Vidéotron's slamming procedures (Schedule 6 of Vidéotron's proposed interconnection agreement).

• Cogeco, Rogers and Shaw - Add the words: "on which service is or is to be provided" in Item 102.4.1 after the phrase "[The carrier's] agents and employees may, at reasonable hours, enter Premises".

• Cogeco, Rogers and Shaw - Delete the words "In the event that the End-user cancels the basic cable service provided by [name of carrier] and receives broadcast services from an alternate BDU" in Item 102.3.5 and substitute: "In the event that the End-user's premises are located upon or within real property to which [name of carrier] has not the requisite access or use right,".

• Cogeco (Item 102.5.10), Rogers (Item 102.5.8) and Vidéotron (Item 201.3.f) - Amend the Items to provide for a deposit of $1000.

• Vidéotron - Remove "coaxial" in the definition of Internet Service Provider in Item 200.2.

• Vidéotron - Amend Item 200.3.a to provide for a minimum service period of one year.

• Vidéotron - Amend Item 200.3.f to remove the financial penalty.

• Vidéotron - Delete Item 200.3.m.

a) Shaw and Rogers - Amend the definitions of "end-user" to remove the restriction to a residential end-user (Shaw: Delete Item 101.1.2(d) and Rogers: Delete the second sentence and the restriction to the residential marketplace in the first sentence of Item 102.8.4)), make all required consequential amendments and include, at its option, an item describing the access service as being designed for a residential market.

b) Shaw and Rogers - Remove the restriction on use of the access service in relation to end-user telecommuting.

a) Cogeco, Shaw and Vidéotron - Remove terms limiting the types of circuits that ISPs may use to interconnect with the POI.

b) Rogers - Delete the second sentence in Item 102.5.3.

c) Cogeco, Rogers, Shaw and Vidéotron - Include the following provision in its tariff: "Interconnections at the POI must be made via (a) one or more dedicated DS3's, (b) Fast Ethernet 100Base-FX, (c) OCS Packet over Sonet, (d) ATM, or other mutually-agreed on high-speed telecommunications facility."

d) Rogers, Shaw and Vidéotron - Make all consequential changes required to its service or interconnection agreement.

• a) Cogeco, Rogers and Shaw - (i) Delete Item 102.17.1(d); (ii) Delete the reference in Item 102.17(g) to Item 8.3.

b) Rogers - (i) Amend the references in Item 102.17.1(f) by changing 5.11 and 5.12 to 5.9 and 5.10, (ii) Delete the second sentence of Item 102.8.2 and (iii) Delete the reference in Item 102.17.1(g) to Item 8.4.

c) Vidéotron - (i) Delete the words "or regulate" in the second sentence in Item 101.7.5 and (ii) Cross-reference "7.5" in Item 101.12.1(f) by adding it to that Item.

• Cogeco, Rogers and Shaw:

a) Delete Item 102.18.1 (a), (b) and (e);

b) Delete the reference to 8.3 in Item 102.18.1(d); and

c) Amend Item 102.17.5 by adding "to a customer or its end-user" before the words "if such immediate action is necessary.".

• Vidéotron - Delete the second sentence in Part B, Item 201.3.g and substitute language reflecting the approach taken in Sections 2.4 and 2.5 of Rogers's and Shaw's service agreements.

• Cogeco, Rogers and Shaw - Amend the tariff to permit resale of the access service.

• Cogeco - Amend Item 101.1.5 by (i) changing "or" to "and" and (ii) deleting the words "and any related agreement".

• Vidéotron - File, within 30 days of the date of this order, Schedules 2 and 3 to its interconnection agreement or advise the Commission when it anticipates it will file these Schedules.

• Rogers and Cogeco - Delete Item 102.12.4.

• Rogers, Vidéotron and Cogeco - Amend Item 102. 12.3 (Rogers and Cogeco) and Item 101.9.2 (Vidéotron) by deleting paragragh (b) and adding a second sentence as follows: "However, where the problem is occasioned by (name of carrier) negligence, (name of carrier) is also liable for the amount calculated in accordance with [Article 12.5 (Rogers and Cogeco) and Article 9.3 (Vidéotron)]".

• Rogers, Cogeco and Vidéotron - Amend Item 102.12.5 (Rogers and Cogeco) and Item 101.9.3 (Vidéotron) by substituting the following at the beginning of the Item: "Except with regard to physical injuries, death or damage to customer premises or other property occasioned by its negligence,.".

• Rogers and Cogeco - Delete Item 102.12.7.

• Shaw's and Rogers's service agreement - Delete section 6.3 and last sentence of section 6.1(b).

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca