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Telecom Order CRTC 2003-259
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Ottawa, 27 June 2003
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TELUS Communications Inc.
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Reference: Tariff Notice 71
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Amalgamation of tariff items associated with public and semi-public pay telephone services
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1.
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The Commission received an application by TELUS Communications Inc. (TCI), dated 18 October 2002, to amalgamate tariff items associated with the public and semi-public pay telephone services.
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2.
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TCI proposed to amalgamate the former TCI General Tariff item 205, Public Telephone Service, and item 210, Semi-Public Telephone Service, and the TELUS Communications (B.C.) Inc. (TCBC) General Tariff item 115, Public Coin Telephone Service, and item 117, Semi-Public Coin Telephone Service, to TCI General Tariff item 205, Public Telephone Service and item 206, Semi-Public Telephone Service.
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3.
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TCI stated that the application proposed to integrate the payphone tariffs at the existing rates and conditions approved for the former TCI in Alberta and TCBC in British Columbia. TCI stated that the proposed tariffs adopted the existing approved province-specific service description and definitions without affecting the scope or rates of the existing services in either province.
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4.
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The Commission received comments from the Canadian Payphone Association (CPA) dated 15 November 2002. Reply comments were received from TCI on 25 November 2002.
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The CPA's comments
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5.
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The CPA argued that it was clear that the purpose of the proposed tariff amalgamation was to position TCI favourably with respect to the forthcoming proceeding to consider policy issues related to payphone service announced by the Commission in Regulatory framework for second price cap period, Telecom Decision CRTC 2002-34, 30 May 2002.
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6.
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The CPA submitted that, since the Commission has a statutory obligation to ensure the application of natural justice and to protect competitive equity, TCI's application could not be approved until the Commission also approved an integrated Pay Telephone Access Lines (PAL) tariff for TCI that was requested by the CPA in an application dated 29 July 2002.
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7.
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The CPA proposed that the Commission direct TCI to file a proposed amalgamated PAL tariff forthwith. The CPA submitted that the Commission would then be in a position to make a simultaneous determination with respect to both the application under consideration in TCI Tariff Notice (TN) 71 and the CPA's request for an amalgamated PAL tariff.
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8.
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The CPA further submitted that the Commission should give serious consideration to delaying the proceeding to consider policy issues related to payphone service until the issues under consideration in both TCI's TN 71 and the CPA's 29 July 2002 application, requesting TCI to file an amalgamated PAL tariff, have been disposed of.
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TCI's reply
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9.
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In reply, TCI submitted that the CPA's claims were entirely without merit and the CPA's requests should be denied.
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10.
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TCI stated that it did not understand how approval of TCI TN 71 before the approval of an amalgamated PAL tariff could possibly raise natural justice and competitive equity concerns.
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11.
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TCI stated that there would be no impact on the rates, terms and conditions under the TCI TN 71 tariff amalgamation or under the contemplated PAL tariff amalgamation.
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12.
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TCI further stated that it also did not understand how the proposed tariff amalgamation would allow it to position itself favourably with respect to the forthcoming proceeding.
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Commission analysis and determination
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13.
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The Commission notes that the amalgamation proposed by this application does not result in any changes to the rates, terms and conditions of the service.
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14.
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Accordingly, the Commission considers that the amalgamation of tariff items associated with public and semi-public pay telephone services, as proposed by TCI in TN 71, before the approval of amalgamated PAL tariffs, would not result in TCI being in a more favourable position than the CPA with respect to the proceeding being held pursuant to Access to pay telephone service, Telecom Public Notice CRTC 2002-6, 5 December 2002.
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15.
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In light of the above, the Commission approves TCI's application. The revisions take effect as of the date of this order.
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16.
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The Commission notes that the CPA, in its comments regarding this application, referred to its application, dated 29 July 2002, which requested TCI to file an amalgamated PAL tariff. The Commission disposed of this application in Canadian Payphone Association - Application regarding the amalgamation of Pay Telephone Access Line tariffs of TELUS Communications Inc., Telecom Decision CRTC 2003-44, issued today.
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Secretary General
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This document is available in alternative format upon request and may also be examined at the following Internet site: www.crtc.gc.ca
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Date Modified: 2003-06-27