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Telecom Decision CRTC 2003-68

  Ottawa, 10 October 2003
 

Follow-up to Decision 2002-63: MTS' service improvement plan

  Reference: 8638-C12-58/01

Table of contents

Paragraph

  A. Background

1

 
  B. Application

5

 
  C. SIP capital expenditures and roll-out
     for 2005-2007
   
 

Replacement of major microwave radio facilities

9

 
 

Replacement of stand-alone digital switches

16

 
 

Replacement of subscriber radio equipment

21

 
 

Granville Lake

29

 
 

Extending service to unserved premises

33

 
 

Toll-free Internet access for satellite communities

39

 
 

Roll-out plan

49

 
 

Tracking report

57

 
 

Cost recovery

60

 
 

Conclusion

70

 
  D. Quality of service    
 

Quality of service for satellite communities

71

 
 

Quality of service measurement

91

 
  E. Consultations with stakeholders and
     external financing
   
 

Improving communications

96

 
 

External financing

122

 
 

Other matters

139

 
  The Commission approves MTS Communications Inc.'s (MTS) proposed service improvement plan (SIP) expenditures and roll-out plan for 2005-2007, with some minor changes, denies Manitoba Keewatinowi Okimakanak's (MKO) request that the Commission make its approval of the final three years of the SIP (2005-2007) contingent upon completion of the community consultation, findsthat the CanTalk service would serve to improve communications and meet MKO's request for a native language calling centre, and directsMTS to set up forthwith an MTS Task Force headed up by a senior manager to address any MKO problems on a going-forward basis.
 

A. Background

1.

In Telephone service to high-cost serving areas, Telecom Decision CRTC 99-16, 19 October 1999 (Decision 99-16), the Commission defined a basic service objective (BSO) which sets out the basic components of telephone service to be extended to as many Canadians as feasible in all regions of the country. The BSO comprised: an individual line local service with Touch-Tone dialling, provided by a digital switch with the capability to connect via low-speed data transmission to the Internet at local rates; enhanced calling features, including access to emergency services; Voice Message Relay service, and privacy protection features; access to operator and directory assistance services; access to the long distance network; and a copy of a local phone directory. In addition, the Commission directed incumbent local exchange carriers (ILECs) to file, for the Commission's approval, service improvement plans (SIPs) designed to improve service or extend service to unserved premises with a view to extending the BSO to a greater number of Canadians. The Commission further required that the ILECs' SIPs incorporate least-cost technology.

2.

In Price cap review and related issues, Public Notice CRTC 2001-37, 13 March 2001 (Public Notice 2001-37), MTS Communications Inc. (MTS) proposed a SIP of capital expenditures over a ten year period from 2000 to 2009. The Commission, in Public Notice CRTC 2001-37 - Price cap review and related issues - Disposition of the MTS service improvement plan, Decision CRTC 2001-767, 19 December 2001 (Decision 2001-767), approved MTS' SIP proposal for the years 2000 to 2002, and directed MTS to file a revised SIP proposal with a five-year period, 2003 to 2007 inclusive by 30 June 2002. The Commission further directed MTS to consult with stakeholders, including Manitoba Keewatinowi Okimakanak (MKO), in developing its revised SIP proposal, specifically to explore whether any additional sources of funding for the current and future needs of the remote and isolated communities would be available in the near future. The Commission also directed MTS to address the capital cost criteria for the extension of service to unserved customers, to determine the number of unserved customers that would be included and excluded in MTS' SIP, and to estimate the costs of providing service under its revised SIP.

3.

In Regulatory framework for second price cap period, Telecom Decision CRTC 2002-34, 30 May 2002 (Decision 2002-34), the Commission established a framework for Bell Canada, Aliant Telecom Inc. (Aliant Telecom) and TELUS Communications Inc. (TCI) to apply when extending service to unserved premises. Specifically, the Commission set out the following requirements: (i) a capital cost criterion of $25,000 for both permanent and seasonal premises, including a $1,000 customer contribution; (ii) a 100% take rate in calculating the total cost criteria for each locality; (iii) an instalment plan for the $1,000 customer payment; and (iv) an instalment plan that would enable customers to pay for large construction charges over a reasonable period of time.

4.

By letter dated 28 June 2002, MTS filed its revised SIP, pursuant to Decision 2001-767. The Commission considered the proposed expenditures for 2003 and 2004 on an expedited basis in order to permit construction efforts to proceed in a timely manner. In Follow-up to Decision 2001-767: MTS' revised service improvement plan: Expedited consideration of the proposed capital expenditures for 2003 and 2004, Telecom Decision CRTC 2002-63, 15 October 2002 (Decision 2002-63) the Commission approved the proposed capital expenditures for 2003 and 2004 and stated that it would consider the remaining issues at a later date. The remaining issues included, among other things, capital expenditures for the years 2005 to 2007, the roll-out of the SIP over these years, quality of service (Q of S), the consultation with stakeholders, and the funding of the SIP. In this decision, the Commission considers these issues.
 

B. Application

5.

In its application, MTS proposed a revised SIP of $67 million in capital expenditures with a roll-out period of 2003-2007. MTS presented its SIP expenditures in the following categories: digital radio and fibre optic transmission systems (FOTS), replacement of stand-alone digital switches, and replacement of subscriber radio equipment. MTS also proposed a plan that would make toll-free Internet access available to its satellite communities on an interim basis until an improved method could be found.

6.

MTS submitted that, other than the roll-out schedule adjustment to complete the SIP work by 2007, the only changes in its revised SIP proposal were some minor modifications where subscriber radio would be replaced by copper cable. The increase in cost for the SIP proposal from $54.6 million in 2001 to the current $67 million was due largely to a growth to the estimated costs for tower and site upgrades. MTS submitted the reconditioning and upgrading work required at these sites would be more extensive than originally estimated.

7.

MTS submitted that the proposed capital expenditures for underserved premises for each of the years 2005, 2006 and 2007 are $9.2 million, $16.2 million, and $7.4 million respectively, for a total of $32.8 million.

8.

MTS submitted that approximately 130 new customers per year on a going forward basis would be provided with service based on the capital cost criteria established in Decision 2002-34 for unserved premises at an additional annual cost to the company of about $680,000 per year in capital expenditures.
 

C. SIP capital expenditures and roll-out for 2005-2007

 

Replacement of major microwave radio facilities

9.

MTS submitted that the microwave radio facilities to be replaced under the SIP were older analogue systems, some of which had been in place since the 1970s. MTS submitted that these radio systems were designed and built at a time when the network was expected to carry only voice traffic. MTS submitted that its northern analogue microwave facilities were unable to handle data traffic at reasonable bit rates, had become increasingly unreliable for facsimile and data transmission and were noisy and subject to cross-talk. MTS submitted that it had received customer complaints about the quality and reliability of voice, data and facsimile services on these facilities.

10.

MTS submitted that in areas served by these facilities, it had found the quality of data transmission was not sufficiently reliable to allow it to locate modem pools in local exchanges to provide local dial-up access to its Internet access service (IAS). MTS submitted that, for this reason, neither MTS nor any other Internet service provider (ISP) had found it practical to offer toll-free Internet access to customers in exchanges served by its analogue microwave facilities. In addition, MTS submitted that the analogue microwave systems could not be expanded to provide extra capacity, since parts were no longer available for building out the systems.

11.

MTS proposed to replace its remaining analogue microwave radio systems with digital facilities, either digital microwave radio or FOTS. It further proposed to make changes to the switching systems in the exchanges affected by the radio replacements to upgrade the local service in the communities currently served by stand-alone digital switches. MTS submitted that the proposed radio systems would make use of the existing microwave towers wherever possible to reduce the cost of the radio replacement. MTS submitted that fibre-optic facilities were proposed for the Radisson-Back cross-section.

12.

MTS argued that digital microwave radio was the least-cost option for providing facilities on the majority of these routes based on the expected demand over the life of the facilities. MTS submitted that the communities served by these facilities were relatively small and not expected to grow substantially over the life of the SIP.

13.

The Commission did not receive any comments specific to this issue.

14.

The Commission considers that replacing the analogue microwave radio systems will provide improved reliability and quality of service to customers based on least-cost technology, as well as the possibility of providing toll-free Internet access. The Commission finds that the proposed projects are reasonable and will assist the company in meeting the BSO.

15.

Accordingly, the Commission approves the remaining microwave radio replacement projects for 2005-2007.
 

Replacement of stand-alone digital switches

16.

MTS proposed to replace 30 DMS-10, one DMS Special and two Redcom switches with remote DMS-100 technology homing on DMS-100 host switches in Thompson and other locations throughout the province. The DMS-100 technology would consist of remote line concentration modules (RLCMs) and SONET (synchronous optical network technology) remote switching centres (SRSCs). MTS submitted that the DMS-10s currently are being operated using software that was obsolete and has been manufacture discontinued. MTS submitted that these switches therefore cannot provide call management services (CMS) and other services that had become standard in other areas of the province. Replacement of the stand-alone switches with DMS-100 remote technology will provide the full range of calling features to customers served by these remotes, including call display, call display blocking and call trace. MTS also submitted that this architecture would be made possible by the replacement of the existing analogue radio systems.

17.

MTS compared the cost of upgrading the existing DMS-10 switches to current software versions with the cost of replacing these switches with DMS-100 remotes. MTS argued that since the cost of replacement of the stand-alone switches would be less than the cost of upgrading the existing switches, the use of remote DMS-100 remote switching technology is the appropriate approach.

18.

The Commission did not receive any comments specific to this issue.

19.

The Commission considers that the cost for this portion of the SIP is relatively high. However, the Commission recognizes that MTS has not increased its average primary exchange service (PES) costs which accordingly will not increase its total subsidy requirement (TSR). The high-cost serving area (HCSA) subsidy in MTS' territory has already been set at the level required to cover the cost of providing CMS.

20.

The Commission considers that this proposal will assist MTS in meeting the BSO, without an increase in the TSR and is based on least cost technology. Accordingly, the Commission approves MTS' plan for replacing the remaining stand-alone switches for the years 2005 to 2007.
 

Replacement of subscriber radio equipment

21.

MTS proposed to upgrade 56 sites throughout its high-cost Bands E and G exchanges to the current generation of subscriber radio (SR) equipment or, where feasible, to replace SR service with voice frequency copper cable.

22.

MTS submitted that the SR equipment in place was obsolete and had been manufacture discontinued for some time. More importantly, neither the existing SR-100 nor SR-500 equipment would support data transmission. MTS submitted that these systems must be upgraded in order to provide any level of data or toll-free Internet access service and without this upgrade MTS could not meet the BSO in the effected communities. MTS submitted that the replacement equipment for the existing SR equipment would be the SR-500s, the upgraded version of the SR-500. The SR-500s would provide data speeds sufficient for toll-free access to the Internet.

23.

MTS submitted that it had not provided information comparing the SR-500s with any alternative technology. MTS submitted that the only option for SR replacement would be copper voice frequency (VF) cable. MTS submitted that in all areas except Churchill-Airport Hanger and the Thompson-Setting Lake area, VF cable would not be a practical alternative either because of the length of the cable required to service the site, or the roughness of the terrain.

24.

MTS submitted that in the event that alternative methods of providing toll-free Internet access were found, MTS would still have to replace SR-100 and SR-500 radio systems in the near future merely to provide reliable voice service.

25.

The Commission did not receive any comments specific to this issue.

26.

The Commission finds that the proposed plan is not cost-effective when considered solely for the provision of toll-free Internet access. However, the Commission notes MTS' submission that the current equipment is manufacture discontinued, it is experiencing maintenance problems, and in the event that alternative methods of providing toll-free Internet access are found, it would still have to replace the SR-100 and SR-500 radio systems in the near future merely to provide reliable voice service.

27.

The Commission notes that, similar to the replacement plan for the replacement of stand-alone digital switches above, this proposal is reasonable in that it assists the company in meeting the BSO, is based on least cost technology, and there is no requirement for an increase to the TSR.

28.

In light of the foregoing, the Commission approves MTS' plan to replace subscriber radio equipment, since it provides reliable voice service as well as toll-free Internet access.
 

Granville Lake

29.

In response to a Commission interrogatory, MTS submitted that the current service to 14 dwellings in Granville Lake consisted of six charge-a-call phones on four individual lines. MTS submitted that these phones allow for free local calling between the phones in the community. MTS submitted that long distance calls could be made by anyone using pre-paid phone cards, calling cards, or collect calls through the operator. In addition, these facilities provide for free emergency calls through the operator, as well as directory assistance, repair service and toll-free 1+800 services. MTS submitted that the current service was supported by modern digital satellite technology using Telesat Canada's (Telesat) ANIK satellite facilities.

30.

MTS submitted that it would cost $1.3 million to provide individual line service using digital radio technology to the 14 dwellings, approximately $93,000/dwelling. MTS argued that this was well above the $25,000/dwelling SIP criteria that the Commission established in Decision 2002-34. MTS did not expect that there would be any requests for individual line service without significant financial assistance from provincial, federal, or local governments.

31.

The Commission did not receive any comments specific to this issue.

32.

The Commission notes that the limited service provided by MTS in Granville Lake does not meet the BSO and that the cost/dwelling for extension of individual line service far exceeds the $25,000 capital criterion set out in Decision 2002-34. The Commission recognizes that external financing of approximately $952,000 would be required for this project to proceed. Accordingly, the Commission findsthat MTS should provide individual line service to Granville Lake only if sufficient external financing is found within the SIP period.
 

Extending service to unserved premises

33.

In response to the Commission's directives in Decision 2001-767, MTS proposed to apply the $25,000 capital cost criterion, on a going-forward basis, to requests for service in locations adjacent to served communities. MTS submitted that it would provide service to customers in these locations, up to a total cost of $25,000 per premise, provided the customers were willing to contribute $1,000 toward the construction charges. MTS submitted that it would also adopt an instalment plan consistent with Decision 2002-34 for additional construction charges payable by the customer to a limit of $10,000.

34.

MTS submitted that based on the service requests it received in 2001, approximately 130 customers per year would be provided with service under the above capital cost criterion at an annual cost of about $680,000 in capital expenditures. MTS submitted that these customers are evenly split between HCSAs and non-HCSAs. MTS submitted that approximately 142 existing requests for service would be excluded from its SIP since the cost of construction would exceed the limit of the capital cost criteria.

35.

The Commission did not receive any comments specific to this issue.

36.

The Commission finds that MTS' proposal for the implementation of a SIP, customer contribution, and customer instalment plans for $1,000 and up to $10,000 complies with Decision 2002-34 and assists the company in meeting the BSO. Accordingly, the Commission approves the MTS' plan for unserved premises including the instalment payment plan of up to $10,000.

37.

The Commission also directs MTS to file for approval a tariff notice to reflect the SIP, including the cost criterion, the customer contribution, as well as the instalment payment plans of $1,000 and up to $10,000, consistent with the tariffs approved for Aliant Telecom, Bell Canada and TCI within 30 days from the date of this decision.

38.

The Commission notes that it approved a large construction charges instalment payment plan (LCCIPP) for customer charges greater than $10,000 for Aliant Telecom, Bell Canada and TCI in Follow-up to price cap Decision 2002-34: Large construction charges instalment payment plan for high-cost residential premises as part of the service improvement plans, Telecom Decision CRTC 2003-2, 23 January 2003 (Decision 2003-2) and the Commission is currently considering the tariff notices filed by those companies pursuant to Decision 2003-2. The Commission is of the preliminary view that MTS should also provide such an LCCIPP for its subscribers and directs MTS to show cause within 15 days from the date of this decision why it should not offer an LCCIPP for charges greater than $10,000 per customer premises. Interested parties may file comments on MTS' response to this direction to show cause by 25 days from the date of this decision, copying MTS. MTS may file reply comments by 45 days from the date of this decision, copying interested parties. All material must be received, not merely sent, by these dates.
 

Toll-free Internet access for satellite communities

39.

MTS submitted that it has seven exchanges, accounting for 1,203 network access service (NAS), where basic exchange service is provided by Telephony Earth Station (TES) technologyon the Telesat ANIK E2 satellite. Included in these exchanges are six MKO exchanges, namely Brochet, Lac Brochet, Poplar River, Pukatawagen, Shamattawa, and Tadoule Lake, which are served by DMS-10 digital switches linked to the public switched telephone network by satellite. MTS submitted that the extreme remoteness of these communities makes it impractical at this time to provide service to them using digital radio or fibre-optic facilities, and that satellite is the only cost-effective option for voice service to these locations. MTS submitted that the 10-year present worth of capital expenditures and Telesat operating expense to provide toll-free Internet access via local modem pools in the communities served by satellite was $7.3 million for 1,203 NAS.

40.

MTS submitted that, in the absence of toll-free Internet access to 17 communities in northern Manitoba, it made a toll-free number (1-888) available in August 2002 to enable those 17 communities to connect to its Sympatico IAS. MTS submitted that the new service was intended to serve 7,155 NAS in the 17 communities, which breaks down into 1,203 NAS served by satellite as noted above and 5,952 NAS served by terrestrial radio. MTS submitted that in communities where facilities will be upgraded to digital facilities as part of MTS' SIP proposal, the 1-888 service will be replaced by locally available modem pools.

41.

MTS submitted that access to the 1-888 number was restricted through the use of toll-free exchange routing. Customers dialling in from the target communities would be routed to a Winnipeg-based modem pool. Customers dialling the 1-888 number from an exchange other than those qualifying for the service are routed to a recording. MTS indicated that the maximum upload and download speeds are 36 kilobits per second (kbps) and 42 kbps, respectively. MTS submitted that the actual speeds will vary depending on line quality, bandwidth and type of connection. MTS submitted that it was not requesting a subsidy to operate the 1-888 service. MTS indicated that retail IAS is competitive and it was providing this service as part of its competitive Sympatico service, not as part of the BSO.

42.

MTS submitted that the costs to provide Sympatico local rate IAS are not included in the cost of PES in HCSAs or non-HCSAs and none of the costs of providing this service are included in its SIP. In addition, MTS indicated that although none of Sympatico's competitors has established local or toll-free IAS service outside of major centres, nothing prevents them from doing so. MTS submitted that they would however have to bear the costs of providing such service in the same way as Sympatico, which was included in its price to customers.

43.

MKO noted its continuing concern with the Q of S in the communities served by satellite. MKO also proposed an Internet access plan that involved subscribers sharing a 56 kbps connection and the use a modem pool in TES communities.

44.

The Commission finds that the $7.3 million cost to provide toll-free Internet access via satellite via local modem pools as described above is cost-prohibitive. Accordingly, the Commission denies this proposal, unless it is supported by external funding.

45.

The Commission finds that MKO's suggested plan described above is similar to MTS' current interim toll-free plan and therefore is not necessary.

46.

The Commission finds that MTS' interim 1-888 plan for toll-free Internet access to 17 communities is reasonable, since it provides an effective solution to those customers that might otherwise have to wait as long as four years to get toll-free Internet access. Furthermore, the plan assists MTS in meeting the BSO, especially in the satellite communities. In light of the foregoing, the Commission considers the solution appropriate.

47.

The Commission notes that, as described below, there are a number of other possible means for MKO to get even better Internet access via satellite. Should external financing be found in the SIP period, the Commission expects MTS to revise the SIP as necessary to better meet MKO needs, contingent upon the mutual agreement of such issues as ownership, implementation, and on-going administration of the network. In the meantime, MTS' interim plan using a 1-888 number will allow MKO satellite customers to have toll-free Internet access.

48.

The Commission reminds MTS, as set out in Decision 2002-34, to continue to monitor the marketplace for new satellite products that could be used to provide improved toll-free Internet service in the future, and to report on this item in the tracking report.
 

Roll-out plan

49.

MTS stated that it intended to roll out the remaining upgrades contained in this SIP over a period of five years commencing in the year 2003. MTS stated that it had already completed some changes in its network in 2000, 2001 and 2002.

50.

MTS stated that the main upgrades undertaken in 2000 were the result of the collapse of a microwave tower at Chesnaye on the Radisson-Churchill radio route. As a result of this accident, MTS stated that it replaced the analogue radio system between Back and Churchill with fibre-optic cable. MTS stated that additional work on facilities, switching and subscriber radio took place in 2002 consistent with the Commission approval of its SIP for the years 2000 through 2002. MTS stated that the remainder of the upgrades would be completed by 2007.

51.

MTS provided a SIP roll-out schedule indicating location, equipment and expenditure. MTS stated that various projects listed in its SIP, such as the work on microwave facilities and site upgrades, will be undertaken over two calendar years. MTS stated that this was necessary because of the brief construction season and requirement for equipment to be shipped during the winter once the winter roads are open. All of the proposed construction, however, will be completed by 2007.

52.

MTS proposed to address the analogue microwave radio replacement on the heavier routes as a first priority as these facilities are the most critical part of the provision of data capabilities in the SIP area and will have the greatest effect on service quality and capability. MTS stated that the major analogue radio replacements, Thompson - Lynn Lake and Radisson - Back will be completed by 2004. MTS stated that Radisson - Wasagomach will be completed in 2005-2006. MTS stated that radio replacements affecting fewer customers, Wee Lake - Winnipeg, Wee Lake - Little Grand Rapids, Riverton - Manigotagan, Pelican Rapids - Mafeking and Cranberry Portage - Sherridon will be completed in the final two years of the SIP program.

53.

As directed by the Commission in Decision 2001-767, MTS stated that it shortened the implementation schedule in its revised SIP proposal to eight years with completion in 2007. As the long-haul facilities replacements (analogue microwave radio to digital radio) are critical to other elements of the plan, e.g., switching upgrades, these replacements have been scheduled as early as possible in the roll-out of the SIP. MTS stated that although it expected to roll out the SIP as indicated in its submission, it reserved the right to make changes to its roll-out plan in order to optimize its use of capital and resources and in response to unforeseen circumstances such as weather-related events.

54.

MKO noted that many residents expressed a concern that their communities were last on the list of upgrades.

55.

The Commission finds that the roll-out of MTS' SIP complies with the Commission's directives in Decisions 99-16, 2001-767, 2002-34 and 2002-63. MTS is to serve large communities ahead of small ones, and permanent residences ahead of seasonal ones. The Commission notes MTS' submission that it reserves the right to make changes to this roll-out plan. The Commission expects MTS to complete the SIP by 2007 as planned.

56.

The Commission finds that MTS has provided a satisfactory roll-out plan for both the underserved and unserved portions of its SIP. Accordingly, the Commission approves the revised roll-out plan.
 

Tracking report

57.

MTS submitted a layout of its tracking report and proposed to file it annually on 31 March throughout the life of its SIP.

58.

The Commission notes that MTS' proposed tracking report differs somewhat from that approved in Decision 2002-34 for Aliant Telecom, Bell Canada and TCI, since its SIP is primarily directed to underserved customers. The Commission considers that the following changes will enable it to more effectively track the roll-out of unserved premises. In addition to the tracking that MTS has proposed, the Commission directs MTS to also track: (i) incremental capital expenditures related to the underserved and unserved portions, shown separately, of the SIP made in the preceding 12-month period; (ii) the number of new customers scheduled for service in the previous year and those actually completed; and (iii) the number of new customers projected for service in the forthcoming year, and to include this information in its annual tracking report.

59.

The Commission approves the proposed tracking report with the modifications as specified.
 

Cost recovery

60.

MTS did not address the recovery of the capital expenditures in its non-HCSAs.

61.

MTS submitted that it was not proposing any contribution for service upgrades for underserved customers provided as part of its SIP. MTS submitted that the $1,000 customer contribution would only be required from previously unserved customers.

62.

MTS submitted that it proposed to use the subsidy that it would receive from the national contribution fund in support of providing service in its HCSAs to finance its underserved portion of SIP expenditures, in the amount of $67 million.

63.

MTS stated that the average Phase II costs used to calculate the subsidy requirement already included appropriate costing for the improvements to be made under the SIP program. MTS submitted that the Phase II costs were based on the incremental cost of providing service using least-cost technology as described in previous sections. MTS submitted that its Phase II costs were identified and approved in Restructured bands, revised loop rates and related issues, Decision CRTC 2001-238, 27 April 2001 (Decision 2001-238). MTS submitted that the HCSA subsidy in MTS territory had been set at the level required to cover the incremental cost of providing service in all HCSAs for its underserved customers, including the area covered by its SIP.

64.

For unserved premises, MTS provided a Phase II cost study related to the costs for providing service to in Bands E and G. MTS estimated that it would invest about $0.68 million in capital expenditures in each of the five years of its SIP.

65.

MTS estimated that the average PES cost for Band E would increase by $0.23 (from $44.78 to $45.01), and Band G would increase by $0.44 (from $85.80 to $86.24) to recover the cost of serving unserved premises.

66.

The Commission did not receive any comments specific to this issue.

67.

The Commission finds that MTS, under the contribution mechanism mentioned above, will be appropriately compensated for the cost of the underserved part of its SIP. The Commission approves MTS' cost recovery for the unserved portions of its SIP in the HCSAs.

68.

The Commission has reviewed MTS' Phase II cost study that supports its cost recovery for unserved premises in HCSAs and finds that it complies with Decision 2002-34. The Commission notes that the impact on the Phase II cost of PES service in HCSAs for the addition of unserved premises is not significant according to the evidence filed in the follow-up to Decision 2002-34.

69.

The Commission directs MTS to treat the costs associated with the capital expenditures for unserved premises in MTS' non-HCSAs in the same manner as those for the other ILECs in Decision 2002-34. Specifically, the Commission directs MTS to use its deferral account set out for the other ILECs in Decision 2002-34 to draw down the costs associated with expenditures in question.
 

Conclusion

70.

In light of the approvals in the sections above, the Commission approves MTS' proposed SIP expenditures and roll-out plan for the years 2005-2007, with some minor changes as noted.
 

D. Quality of service

 

Quality of service for satellite communities

 

Background

71.

In Decision 2001-767, the Commission found that there was generally poor Q of S within the MKO communities served by satellite; problems cited include (a) echo, delay, and static on the lines; (b) difficulty in getting outside lines at certain times of the day; and (c) poor fax service.

72.

The Commission expected MTS to resolve expeditiously any deficiencies in Q of S that had been identified in MKO communities. The Commission also directed MTS to file a report by 18 January 2002, providing a list of any Q of S problems reported and/or found in MKO satellite communities from 1 October 2001 onwards, along with details as to corrections made and an indication that MKO users are satisfied with the corrections to the service. MTS was to continue filing this report on a quarterly basis for the next year.
 

Position of parties

73.

MKO submitted that while the communities served by satellite have identified some limited improvement in their Q of S, there continue to be outstanding issues with regard to congestion, echo and fax transmission. In particular, in its survey carried out in May 2002, MKO stated that the following problems continue:
  a) congestion: Lac Brochet, Pukatawagan, Shamattawa and Tadoule Lake;
  b) echo: Brochet, Lac Brochet, Pukatawagan, Shamattawa and Tadoule Lake;
    and
  c) fax transmission: Brochet, Pukatawagan, Shamattawa and Tadoule Lake.

74.

MKO suggested that a possible solution to these problems would be to emulate the Saskatchewan Telecommunications (SaskTel) solution of switching double-hop satellite calls onboard the satellite rather than in Winnipeg. MKO submitted that until this is done, the BSO standards for calls to and from satellite communities cannot be met.
 

MTS reply

75.

In its reply dated 9 September 2002, MTS stated that it had spent a great deal of time and money in the past year to ensure that the service to the satellite communities is as good as it can possibly be. MTS indicated that it realigned all of the TES antennas and raised its level and frequency of maintenance work on the TES system to the point that it was confident that the system is working up to its full capabilities and was providing the proper level of service. MTS stated that the system has been engineered to provide a 0.01 level of service where one call was blocked in a hundred.

76.

MTS indicated that it filed three reports with the Commission on service in communities served by TES, identified any service issues in those communities, and provided its plans to augment service where traffic studies have indicated a need to add additional trunks. MTS stated that its technicians have made regular visits to all the TES sites and have performed test calls whenever they attended the sites to ensure that the system is working properly. MTS indicated that its staff has also made regular contact with band office and nursing station staff to solicit any comments or complaints about the operation of the TES facilities.

77.

MTS stated that it has not had any customer complaints or outstanding service tickets for those seven satellite sites for the last six months. MTS also noted that service availability has been 100% in that period. MTS stated that although there are periodic problems with the satellite facilities in these communities, it had been able to address these problems in a timely manner.

78.

MTS stated that echo and interrupted fax transmissions should not occur on the system. MTS indicated that echo cancellers are integrated into the voice channel units and any occurrences of echo are evidence of a bad channel unit at one or the other end of the transmission path. MTS stated that there are in excess of 135 channel units in MTS' TES system. MTS indicated that it would be unreasonable to expect that none of those units will ever fail, resulting in transmission problems.

79.

MTS stated that this condition should be dealt with as a trouble and reported to MTS so that it can deal with the problem voice channel units. MTS indicated that neither echo nor fax interruption is inherent in the TES service and such problems can be quickly corrected once MTS was made aware of the problem.

80.

MTS stated that it is also now purchasing from Telesat full call summary reports that will assist MTS technicians in keeping the satellite system aligned and operational. MTS indicated that this was a "Fault Diagnostic" service monitoring and surveillance package from Telesat. MTS stated that its satellite community services are being monitored through a centralized network management system from Allen Park, Ontario. MTS indicated that it has invested in additional resources to ensure that its satellite-based service was performing properly.

81.

MTS stated that it has provided reports to the Commission that indicate that MTS has improved the service provided in TES communities and was sustaining a level of maintenance of its TES system that will ensure that this improved service level will continue in the future.

82.

MTS stated that it cannot eliminate double-hopping on calls between satellite communities as its billing system cannot accommodate this change. MTS indicated that it routes all TES traffic through Winnipeg because its billing mechanism was in Winnipeg. MTS stated that it cannot bill TES customers if the calls are not routed through Winnipeg. MTS' traffic studies indicate that approximately 3% of satellite traffic was between TES communities. MTS indicated that most calls are directed to Winnipeg and other non-TES areas.

83.

MTS stated that double-hopping increases delay in voice conversations due to the time signals spend in transit between the ground stations and satellite but does not create significant echo and data transmission problems. MTS indicated that these problems, when they exist, are due to channel unit failures or other circumstances that can be repaired by MTS technicians. By letter dated 20 December 2002, MTS filed its third and fourth quarter status report for 2002 for the TES network pursuant to Decision 2001-767.
 

Commission analysis and determination

84.

The Commission notes that MTS filed satellite maintenance reports on 21 January, 26 April, 8 August and 20 December 2002. MTS stated that it had spent $60,000 in labour in 2001, and estimated that it would spend $184,000 in labour in 2002 for satellite maintenance. In its 20 December 2002 report, MTS stated that "customers in TES communities are reasonably satisfied with the service MTS is providing."

85.

The Commission notes that there is conflicting evidence on the record. MTS maintained that there are no problems with satellite service, while MKO submitted that there continue to be problems.

86.

Based on the evidence filed by MKO, the Commission finds that, contrary to MTS' submission, there still appears to be congestion, echo, and data transmission (fax) problems in the satellite communities.

87.

Although there appears to have been some improvement over time, the Commission directs MTS to continue to improve satellite service as directed in Decision 2001-767, and as described in its quarterly reports filed so far. Furthermore, the Commission directs MTS to continue issuing its quarterly reports for at least an additional year from the date of this decision. The Commission notesthat the level of service must satisfy the MKO subscribers, not MTS.

88.

The Commission finds that anecdotal evidence provided after the fact, such as that provided in the MKO survey does not serve to aid MTS in providing the necessary timely maintenance. In order to improve the data on service degradation and outage, the Commission directs MTS to encourage subscribers in the MKO communities to promptly report any problems to MTS, in First Nation languages if required, on a timely basis. MTS can use the CanTalk program described in detail below to encourage MKO subscribers. The Commission directs MTS to record and report any problems in its quarterly reports.

89.

With regard to the fax transmission problems, the Commission directs MTS to test MKO's customer-owned fax equipment to ensure that this is not the cause of fax transmission problems. The Commission considers that testing should be done when technicians are in the community for other reasons, such as the regular maintenance and repair of satellite equipment; the Commission directs MTS to complete these tests within six months and to report the results in its quarterly reports. The Commission notes that the fax equipment is usually located in health centres, however the Commission requests MKO to provide a list of the fax equipment to be tested to MTS as soon as possible, to facilitate the testing during technicians' repair visits.

90.

The Commission finds that, since double-hopping occurs on only 3% of calls, eliminating double-hopping will not cure echo, congestion, and data transmission problems on the remaining 97% of traffic that is directed to the non-satellite destinations, i.e., single-hopping calls. Accordingly, the Commission finds that reconfiguration of the satellite network to eliminate double-hopping is not required at this time. However, the Commission will monitor the Q of S in the satellite communities and will review the possibility of eliminating double-hopping in light of the future quarterly reports.
 

Quality of service measurement

91.

MKO submitted that in light of the inability of the current Q of S reporting rules to recognize service deficiencies in the north, the Commission should consider establishing a separate process to consider more long-term measures to ensure the company's responsiveness to the service needs of remote and isolated communities in Manitoba's north.

92.

MKO stated that since there are many Q of S concerns remaining in the TES communities even after the blitzes, and since the company-wide Q of S indicators are unaffected by service problems in the north, MKO requested that the Commission consider imposing a community-based Q of S reporting mechanism to monitor service problems in the remote north. MKO stated that the community-based reporting by Northwestel Inc. (Northwestel) could serve as a starting point for designing a similar system for remote and isolated communities in Manitoba.

93.

MTS responded that, with respect to MKO's suggestion that the Commission consider community-based indicators similar to those in place in Northwestel, it considered that the issue of additional Q of S indicators for MTS or any other ILEC is outside the scope of this process and in any event would not address MKO's concerns regarding echo and blockage.

94.

MTS stated that the Commission indicated in its process letter dated 22 July 2001, that the scope of this process is limited to the evaluation of MTS' revised SIP and issues raised in the Commission's interrogatories of the same date. MTS submitted that new community based Q of S indicators for northern communities are neither part of its SIP nor a subject of the interrogatories.
 

Commission analysis and determination

95.

The Commission finds that the Q of S measurement issue raised by MKO is outside the scope of this process set out in Decision 2002-63. The Commission is of the view that with the completion of the SIP, MTS should have greatly improved the Q of S in MKO communities. Accordingly, the Commission will delay any further assessment of the Q of S measurement in MKO communities until the completion of the SIP.
 

E. Consultations with stakeholders and external financing

 

Improving communications

96.

In Decision 2001-767, the Commission directed MTS to consult with stakeholders, including MKO, to develop a revised SIP proposal. The Commission directed MTS to form a consultative committee to include MKO and any other interested stakeholders. In addition to general consultation regarding MTS' revised SIP proposal, the consultative committee was to provide specific feedback on options for current and future needs of the remote and isolated communities and whether this could be supported without additional cost to MTS by additional funding from MKO or others. The consultative committee was also to prepare and approve minutes of its meetings, copies of which were to be forwarded to the Commission after each meeting.
 

MTS' submission

97.

MTS stated that it had undertaken extensive consultations with the communities affected by its SIP proposal including the following: (a) letters to every customer whose service would be affected by the program; (b) advertisements in all local papers serving the SIP area; (c) radio ads in three languages; and (d) letters to mayors, town councils and tribal councils in the communities in the areas affected by the SIP and the Association of Manitoba Municipalities describing MTS' proposals to upgrade service in their areas.

98.

MTS stated that its representatives had visited nine northern communities in co-operation with representatives from MKO. MTS made presentations, describing its SIP proposals, and listened to comments and complaints from people in the community. The communities visited during this consultation were: Thompson, The Pas, Pukatawagan, Garden Hill, Red Sucker Lake, Nelson House, Norway House, Gods Lake Narrows, and Easterville. MTS sent the minutes of the consultations to the Commission on 21 June 2002.

99.

MTS submitted that comments received during the consultations generally dealt with requests for services such as wireless and/or CMS features such as call display. MTS also received a number of service complaints. The service complaints involved problems with cross-talk and echo on long distance calls, call blockage due to a shortage of trunks, and held orders again due to a shortage of facilities.

100.

MTS submitted that with the exception of the request for wireless service, which was not part of the BSO and therefore not included in its SIP, the service problems identified during the consultations would be addressed by the upgraded switching and facilities proposed in its SIP. The SIP would also make CMS services available in all communities except those served by satellite.

101.

MTS submitted that it had investigated the customer service requests and complaints raised during the consultation and forwarded the results of its investigation to both the customers and the Commission on 31 October 2002.
 

Position of parties

102.

MKO submitted that the community consultation process envisioned by the Commission appeared to have stalled. MKO submitted that while the community visits have been completed, it did not appear that the results of the consultation had been incorporated into the revised SIP.

103.

MKO argued that the community consultation process was to also explore options for meeting the current and future needs of remote and isolated northern communities and for the financing of these options. In addition, the consultation process was expected to improve communications between MTS and MKO communities with a view to promptly identifying service problems, developing joint solutions to these problems and providing thorough, accessible information regarding MTS products and services.

104.

MKO submitted that the Commission make its approval of the final three years of the plan, 2005-2007, contingent upon, among other things, completion of the community consultations.

105.

MKO submitted that the need for an improved sharing of community expansion plans was identified in the course of the consultations by both MTS and MKO. MKO submitted that MTS had not demonstrated that its forecasts of service requirements for both access and use reflected the population growth and the housing growth in the north.

106.

Moreover, MKO submitted that the company's provisioning to meet the demand in First Nation communities had been found wanting in the past. MKO submitted that solutions designed to address the inadequacies in current facilities would only be sufficient to the extent that actual demand was within the levels forecast by MTS.

107.

MKO stated that MTS provided a summary of the community consultation in the revised SIP, namely that MTS identified problems with cross-talk and echo on long distance calls, call blockage due to a shortage of trunks and held orders again due to a shortage of facilities. MKO stated that MTS went on to suggest that "the service problems identified during the consultations relating to service will be addressed by the upgraded switching and facilities contemplated in the company's service improvement plan."

108.

MKO noted that the company's description of the concerns expressed during the community consultations does not appear to reflect the depth or breadth of the concerns as reported in either the MTS or MKO reports on the results of the consultation process.

109.

MKO submitted that it is clear that the work of the consultative committee was far from complete. MKO submitted that while consultations to date had provided a helpful clarification of community aspirations and provided a preliminary identification of a number of mechanisms by which service problems might be more efficiently identified and resolved, much remained to be done. MKO requested that MTS build upon the momentum and goodwill engendered by continuing the community consultation process.

110.

Norway House Cree Nation submitted that there should be an opportunity for its members to speak to an MTS representative who understands their language. Many communities supported the idea of a language appropriate call centre service. MKO also submitted that there was an inability to articulate problems to MTS operators, service technicians, and computer assisted operators. Most elders and others who speak no or limited English give up while listening to a recorded voice on the phone because they have no way of expressing their problems in their language. Norway House Cree Nation requested that MTS include selections in First Nations' languages in its automated answering service.
 

MTS reply

111.

MTS reiterated that it undertook an extensive program of consultations with the communities affected by its SIP. MTS stated that this program was intended to make customers aware of the service improvements MTS was proposing in its SIP program. MTS noted that both it and MKO have filed reports with the Commission respecting the content of these community meetings and the nature of the comments made with respect to MTS' SIP and service in the north.

112.

MTS noted that, regarding its revised SIP and the reports of the community meetings, the comments dealt with requests for CMS, wireless service and high-speed Internet access. MTS noted that there were also a number of concerns respecting service levels due to shortages of trunks in certain routes and problems with satellite-based service.

113.

MTS noted that its revised SIP proposed the replacement of stand-alone digital switches in the communities affected by the SIP to make CMS services, such as call display, available in all Manitoba exchanges with the exception of those served by satellite facilities.

114.

MTS noted that customers wishing to speak in a different language than English have the option to do so through a service known as CanTalk. MTS stated that callers need only request the service and a translator will be provided in the language of their choice within a short time at no extra cost. MTS stated that CanTalk offers translation in dozens of languages including Aboriginal dialects common in Manitoba.
 

Commission analysis and determination

115.

The Commission notes that by seven letters dated 31 October 2002, MTS contacted the seven sites that it had visited during the consultations carried out pursuant to Decision 2001-767. These letters addressed the issues not finalized in those consultations including congestion, facility security, facility moves, tax on phone bills, telephone bill payment, land lease agreements, pay phone/youth drop-in centres, traffic studies, long distance blocking, held orders, Internet servers, call centre for Aboriginals, T1 costs, job qualifications, construction contacts, construction delays, switchboard, interference/lines dropping, FleetNet, purchase of long distance minutes, and advocate's office. The Commission addresses some of these issues in more detail below.

116.

The Commission notes that MTS' SIP generally meets the Commission's BSO as set out in detail above and has approved the proposed SIP for all years without contingency. The Commission finds that the remaining issues raised by MKO generally fall outside the scope of the SIP, and will be addressed by the CanTalk interpretation service and the MTS Task Force, as described in more detail below. Accordingly, the Commission denies MKO's request to make the approval of the final three years of the SIP contingent upon, among other things, completion of the community consultation.

117.

The Commission finds that the consultation process remains to be completed and that this can be accomplished outside of, or in parallel with, the SIP. The Commission wishes to ensure that the optimum technology is installed should external financing become available during the SIP period. Accordingly, the Commission requests that MKO continue to explore options for meeting the current and future needs of remote and isolated communities and the financing of these options, with the assistance of MTS. The Commission expects that, should sufficient external financing be found in the SIP period, MTS will revise the SIP as necessary to meet MKO's needs.

118.

The Commission finds that the CanTalk service described by MTS would serve to improve communications and meet the needs identified by MKO in its request for a native language calling centre.

119.

Accordingly, the Commission directs MTS to:
  a) provide interpretation for the appropriate dialects in MKO communities
    through the CanTalk service;
  b) provide MKO customers within 60 days from the date of this decision with a
    detailed customer operating description of the CanTalk service by brochure
    in appropriate languages, to be mailed to its customers;
  c) state in the brochure that any problem related to telephone service can be
    discussed in appropriate dialects using this service; and
  d) consult MKO through the Task Force described below on additional means
    to provide this information to MKO customers, such as radio ads in the
    appropriate languages and/or letters to the band councils.

120.

In addition, the Commission directs MTS to set up forthwith an MTS Task Force headed up by a senior manager in order to improve communications and to continue improving service in MKO communities on a going-forward basis.

121.

One of the objectives of the Task Force is to continue to meet MKO representatives in Winnipeg on a quarterly basis for the next year to discuss solutions of problems registered via the CanTalk plan noted above, as well as problems tabled during meetings. The Commission directs MTS to forward minutes of the meetings to the Commission as soon as possible after the meetings. The Commission findsthat MTS is not required to reimburse participants for their expenses to attend these Task Force meetings.
 

External financing

122.

In Decision 2001-767, the Commission directed MTS to form a consultative committee with MKO and other interested parties to explore options for the current and future telecommunications needs of the remote and isolated communities and whether this can be supported without additional cost to MTS by additional funding from MKO or others.

123.

MTS submitted that it had undertaken a series of joint meetings throughout northern Manitoba in co-operation with MKO officials. MTS stated that these consultations identified a demand in the northern communities for (a) CMS features such as call display, (b) cellular or wireless coverage within the communities, and (c) higher-speed access to the Internet. MTS noted that its SIP will provide CMS to all communities in the north with the exception of the TES communities.

124.

Based on the consultations in May 2002, MKO continued to request, among other things, cellular radio coverage within the MKO communities and high-speed access to the Internet.

125.

MTS stated that it has rolled out wireless service only in those communities where there is sufficient demand to provide it with a positive return on its investment. MTS stated that wireless service is competitive and its wireless services compete with three other service providers in Manitoba: TCI, Microcell Telecommunications Inc. and Rogers Communications Inc.

126.

MTS stated that none of the wireless carriers, including MTS, has been able to make a positive business case to provide wireless service in the isolated and remote communities in the north. MTS argued that the community itself must be able to sustain a competitive service without the support of a population in the surrounding area, which, unlike the situation in southern rural areas of Manitoba, does not exist in the north. MTS stated that most northern areas, even the larger communities such as Norway House, have insufficient population at this time to justify the significant investment by it or another carrier in wireless facilities to provide service.

127.

In the absence of a positive business case for the addition of northern and isolated communities to its cellular coverage, MTS stated that any provision of cellular service in these areas would have to be heavily subsidized from MTS revenues from other areas.

128.

MTS stated that high-speed Internet access was not part of the BSO and does not qualify for subsidy from the national contribution fund. MTS submitted that any funding for this service, therefore, would have to come from MKO or another source of funds.

129.

With respect to the provision of broadband services in remote communities generally, MTS stated that this was not an issue that can be resolved by MKO and MTS alone. MTS argued that broadband service in remote communities was a federal government commitment. MTS stated that even if significant funding were made available, many issues dealing with ownership, implementation and on-going administration of the network would require further study.

130.

MTS stated that some of its satellite communities already have access to the Internet through other service providers. MTS noted that Telesat has had discussions with the Assembly of First Nations to develop a plan to provide high-speed Internet access to all First Nations communities by 2004. MTS also noted that First Nations Power Technologies of Winnipeg, an Aboriginal-owned business, was undertaking initiatives to also extend Internet service to remote communities.

131.

MTS further noted that there are other service providers that are ready and able to provide higher-speed Internet and other broadband services to remote communities. MTS stated that these include RAMTelecom of Ottawa and Quick Link of Calgary, companies that specialize in the provision of high-speed Internet service in remote locations.

132.

MTS stated that these services are based on satellite technology and can be accommodated without any involvement from MTS. MTS stated that MKO communities can establish community-based, high-speed Internet access service on their own and MTS understands that at least one MKO community has already done so. MTS noted that MKO received a proposal for such a satellite-based service from Power Technologies approximately two years ago. MTS stated that the proposal was to provide service to all MKO communities.

133.

MTS noted that the community of Garden Hill in northern Manitoba, one of the nine communities visited during the MTS/MKO consultations, has since opted to launch its own satellite-based high-speed Internet service. MTS stated that the service was officially turned up on 5 September 2002. MTS stated that it reached the community's band office, school, health centre, and a community development group. MTS stated that office networking and complete community access was expected to be in place by November 2002. In addition, MTS stated that the Garden Hill community will provide an on-site service technician.

134.

MTS stated that the federal government has recently taken steps in support of its commitment to broadband. MTS stated that the Broadband for Rural and Northern Development Pilot Program announced on 5 September 2002 by the Industry Minister will provide funding for rural and remote communities to initiate high-speed Internet connectivity. MTS stated that the government identified its intention to work with industry, the provinces and territories, communities and the public to further the deployment of broadband, particularly for rural and remote areas. Applicants had until 31 October 2002 to submit a business plan. MTS stated that priority will be given to First Nations, northern, remote and rural communities.

135.

MTS stated that should the situation change such that additional funds become available to augment the services provided in the MKO communities such that the services could be supported without additional cost to it, it will of course be willing to provide any of those services it was able to deliver.
 

Commission analysis and determination

136.

The Commission notes that in Decision 2001-767, it stated that it was appropriate for parties to explore whether any additional sources of funding for current and future needs of the remote and isolated communities would be available in the near future. If such funding was available and sufficient to offset any increase in cost to MTS, it may be appropriate in some circumstances to incorporate funds for future needs.

137.

The Commission is aware that external funding is currently available from Industry Canada, under the Broadband for Rural and Northern Development Pilot Program. The Commission recognizes that MKO has applied for funding under this program and has been successful in the first stage of the competition. The Commission encourages MKO to continue its search for additional funding. The Commission requests that MKO report back to the Commission at each stage of the competition.

138.

The Commission is aware that MKO is free to deal directly with alternate suppliers for high-speed Internet access should it be successful in obtaining external funding from the Broadband for Rural and Northern Development Pilot Program. However, the Commission continues to expect MTS to be prepared to adjust its network improvement plans to accommodate added capacity in the event that external funding becomes available. The Commission also expects MTS to continue to provide assistance in these matters as required.
 

Other matters

 

Growth

139.

MKO claimed that MTS had failed to take community growth and needs into consideration in its revised SIP. For example, MKO submitted that Norway House has grown by 16% in the past five years and MTS has failed to take this growth into consideration in its SIP. MKO submitted that MTS should be required to demonstrate that it has adequately revised its forecasts of demand to reflect the prospective population, housing and commercial growth in the remote north.

140.

MTS responded that it has based the provision of facilities and switching capacity in its SIP proposal on the expected growth or declines in demand in all the SIP communities. MTS stated that it was aware of the historical growth in Norway House and various other communities and has planned its facilities around this information as well as an understanding of other developments in and around the communities.

141.

MTS stated that some communities are growing while others are expected to shrink. For example, MTS stated that demand in Leaf Rapids will be affected by the closing of the mine in that area. MTS stated that it considered all of these factors in developing its SIP proposal and does so routinely as a part of its overall network planning.

142.

MTS added that Norway House is already served by a modern digital microwave facility, and its DMS-10 switch will be replaced by a DMS-100 based SRSC in 2003. MTS stated that this equipment will be more than adequate to serve Norway House's demand at an even greater level of population growth. MTS stated that it was confident that its SIP reflects levels of growth in northern communities and the amounts and types of equipment proposed in its SIP will allow it to meet the BSO in the SIP communities.

143.

The Commission finds that the monitoring of demand and demand forecasting was routinely carried out as part of MTS' overall network planning and is an important task in the general management of a telephone company. The Commission is confident that MTS carries out the necessary studies to monitor growth in all its communities. However, the Commission notes that MKO also has the responsibility to communicate its community growth plans as soon as possible to MTS.
 

Safety of towers

144.

MKO noted that residents feel that the location and security of the MTS towers are a major hazard to the youth. In one community, the tower is located in the middle of a residential area, and residents requested that it be moved. MKO stated that children sometimes climbed over the fenced MTS compound and tried to climb the tower.

145.

MTS replied that if fencing were not enough of a deterrent, it would look into anti-climbing devices.

146.

The Commission directs MTS to review its safety fencing around its compounds to ensure that it meets community requirements and, if necessary, to install the required anti-climbing devices to deter climbers. The Commission directs MTS to report on the results of its review in the Task Force reports.
 

Slow SIP improvements

147.

MKO noted that many residents expressed a concern that their communities were last on the list of upgrades.

148.

As noted above, the Commission approved the roll-out of MTS' SIP since it complies with the Commission's directives in Decisions 99-16, 2001-767, 2002-34 and 2002-63. MTS is to serve large communities ahead of small ones, and permanent residences ahead of seasonal ones. Furthermore, the roll-out is limited by the capacity of MTS' staff and subcontractors.
 

Miscellaneous issues

149.

MKO raised a number of miscellaneous issues, specifically:
  (i) Service Access: Norway House Cree Nation stated that there have been long waiting periods for connection of telephone lines to new homes and businesses. Red Sucker Lake First Nation reported that a telephone still had not been reconnected three years after renovations had been completed on the premises.
  (ii) Customer Care: MKO submitted that there were a number of customer care
      sub-issues, specifically:
 

(a) native language contacts: this issue is discussed in detail in the
      section entitled Improving communications;

 

(b) company representative unpleasantness: MKO submitted that many
      residents do not report problems because of how MTS reacts and
      treats the problem issues as a personal matter;

 

(c) billing arrangements: Red Sucker Lake First Nation requested that
      MTS set up a special service centre that could accommodate bill
      payments. MTS replied that it would not make economic sense to set
      up a different payment system or distribution system;

 

(d) calling card fraud: a Chemawawin Cree Nation client stated that there
      are many calling card charges on the client's phone bill although the
      client has never used it. MTS replied that the client should cancel the
      card immediately;

 

(e) computer voice response systems: this issue is discussed in detail in
      the section entitled Improving communications;

 

(f) employment opportunities: MKO encouraged MTS to recruit local
      Aboriginal youth that are interested in making a career in MTS,
      thereby increasing (sic) response time and keeping problems at a
      minimum;

 

(g) contacts for donations to local events: the Commission was unable to
      find further details on this issue in MKO's various submissions; and

 

(h) community calling links: Norway House Cree Nation submitted that it
      should be able to access Thompson via a community calling feature
      (extended area service (EAS)).

  (iii) General Maintenance: MKO requested that MTS immediately repair
      outstanding problems in the communities.

150.

With respect to native language contacts and computer voice response systems, the Commission finds that the programs set out in the section entitled Improving communications above will serve to meet MKO's requests.

151.

With respect to community calling links, the Commission finds that MKO's request is outside the scope of the SIP. The Commission requeststhat MKO follow the process set out in Framework for the expansion of local calling areas, Telecom Decision CRTC 2002-56, 12 September 2002 if it wishes to proceed further with this issue. Under this process, MKO could petition MTS, with a motion from the appropriate local government (band council), for EAS. MTS would then carry out an economic study to determine the cost. If subscribers in Norway House agreed to provide funding, e.g., rate increases, for the expansion of the local calling area, it would be implemented. The Commission notes that a less expensive option might be for the band office to contract for a toll-free line to Thompson.

152.

For the remaining issues under service, customer care, and general maintenance, the Commission directs MTS, in the context of the MTS Task Force mentioned above, to resolve those issues as soon as possible, and no later than six months from the date of this decision. The Commission further directs MTS to report on the progress of the Task Force resolutions in 60 days and 120 days from the date of this decision, in particular, the results of its review of the safety of towers. The Commission reminds MTS that the level of service must satisfy the MKO subscribers, not the company.
  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

Date Modified: 2003-10-10

Date modified: