ARCHIVED - Telecom Order CRTC 2011-395

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Route reference: Telecom Order 2011-313

Ottawa, 28 June 2011

Bell Canada – Modifications to certain digital private line items in the National Services Tariff

File number: Tariff Notice 912 (NST)

1.         The Commission received an application by Bell Canada, on behalf of Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), dated 27 April 2011, proposing revisions to its National Services Tariff (NST) in order to modify item 304 – Digital Private Line Solutions Service Extension Features and item 305 – Digital Private Line Solutions Service Extension Access Service.

2.         Bell Canada proposed changes to the following rate elements:

•  Item 304

-   Basic Service Extension Feature – Circuit Termination (Circuit Termination)

-   Basic Service Extension Feature – Drop-and-Insert Feature

• Item 305

-   Multi-point Feature

-   Inter-exchange Access Extension Channel

3.         Specifically, the company proposed to separate the rates charged in Bell Aliant’s serving areas in Ontario and Quebec from those charged in Bell Aliant’s serving areas in Atlantic Canada.

4.         Bell Canada submitted that in 2008, on behalf of itself and Bell Aliant, it had filed proposed rate increases for these rate elements.[1] It also submitted that the proposed rate increases were meant to apply only in Ontario and Quebec, and that separate rates equal to those in effect prior to the 2008 increase should have been published at that time for Bell Aliant’s Atlantic serving area. However, Bell Canada submitted that these separate rates were not filed with the Commission due to an oversight. Bell Canada indicated that Bell Aliant had continued to charge the rates in effect prior to the 2008 rate increase in its Atlantic serving area, rather than the higher approved rates.

5.         Bell Canada requested that the Commission ratify the rates that Bell Aliant had been charging for the above-mentioned services since 15 June 2008 in its Atlantic serving area, pursuant to subsection 25(4) of the Telecommunications Act (the Act).

6.         Bell Canada also proposed a 10 percent increase to the rate for Circuit Termination in Bell Aliant’s Atlantic serving area,[2] and corrections to item 10 – Other Tariffs of its NST in order to clarify in which regions the rates listed in the NST apply.

7.         In Telecom Order 2011-313, the Commission approved on an interim basis the proposed tariff revisions. The Commission indicated that it would address the company’s ratification request and any related issues in a subsequent order.

8.         The Commission received no comments regarding this application. The public record of this proceeding is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings” or by using the file number provided above.

Should the Commission ratify the rates as requested and approve the application on a final basis?

9.         The Commission considers acceptable Bell Canada’s proposed clarifications, and finds that the proposed rates are just and reasonable.

10.     With respect to Bell Canada’s ratification request, the Commission notes that, pursuant to subsection 25(4) of the Act, it may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if it is satisfied that the rate was charged because of an error or other circumstance that warrants the ratification.

11.     In this case, the Commission is satisfied with the explanation provided by Bell Canada that Bell Aliant charged the rates in question without an approved tariff due to an error. In addition, the Commission notes that Bell Aliant continued to charge the rates in effect prior to the 2008 increase and that the proposed ratification would thus benefit Bell Aliant’s customers. Therefore, the Commission finds it appropriate to ratify the rates that Bell Aliant charged for the above-mentioned services from 15 June 2008 to 27 June 2011 in its Atlantic serving area.

12.     Accordingly, the Commission approves on a final basis Bell Canada’s application and ratifies the rates that Bell Aliant charged for the services listed in paragraph 2 from 15 June 2008 to 27 June 2011 in its Atlantic serving area.

Secretary General

Related documents

• Bell Canada – Modifications to certain digital private line items in the National Services Tariff, Telecom Order CRTC 2011-313, 12 May 2011, as amended by Telecom Order CRTC 2011-313-1, 18 May 2011
• Telecom Order CRTC 2008-125, 5 May 2008

Date modified:

2011-06-28