Competitive Local Exchange Carriers (CLECs)

Competitive local exchange carriers provide local voice services. These are companies that are in competition with traditional telephone companies (otherwise known as the ILECs).

Documents from CLECS and proposed CLECS:

2017 2016 2015 2014 2013 2012
2011 2010 2009 2008 2007 2006

Reference Files:

Responsibilities

To become a Competitive Local Exchange Carrier (CLEC), an entity must meet the CLEC obligations set out in Local Competition, Telecom Decision CRTC 97-8, 1 May 1997 (Decision 97-8), as amended from time to time.

The CLEC obligations are listed in a tabular format (Table of Obligations). This table has been updated to reflect the modifications that are the result of decisions subsequent to Decision 97-8.

It has also been revised for greater ease of reference. The obligations are now classified by type of requirement. For example, the table lists the obligations by title, such as "CLEC Tariff/Agreement Filings Obligations". Futhermore, the various types of CLECs have been identified as either Type I, II, III or IV CLECs. See the definitions below for further information on the various types of CLECs.

The Table of Obligations is in column format. As a general rule, the obligations listed are to be met by the proposed CLEC itself. However, for those proposed CLECs qualifying as either a type III or type IV proposed CLEC, a number of the obligations can be met through an arrangement with a third party. Furthermore, proposed CLECs that would qualify as a Type IV CLEC have been relieved from some obligations altogether.

Notes:

When a qualifying proposed CLEC selects to meet some of its CLEC obligations through a third party, this most likely would entail that a specific business arrangement will be reached between the two parties. It is anticipated that the arrangement would clearly indicate both which of the itemized CLEC obligations described in the Table of Obligations will effectively be met by the third party on behalf of the proposed CLEC and how the third party will proceed to meet the proposed CLEC’s relevant obligation or obligations.

In all cases, where an obligation is required to be met by the proposed CLEC itself, it is shown as "Required" in the table.

Definitions

A Type I CLEC also known as a full CLEC is a Canadian carrier providing local exchange services and who fulfills all the local competition entry obligations and requirements as defined in Decision 97-8 and subsequent decisions that have modified the requirements set out in Decision 97-8.

A Type II CLEC also known as a wireless CLEC is a wireless Canadian carrier as defined in the Radio-Communications Act, which offers local exchange services using wireless mobile technology, and chooses to utilize the CLEC interconnection regime and commits to fulfilling all of the CLECs’ obligations.

A Type III CLEC is a non-dominant Canadian carrier that relies on the facilities of a third party local exchange carrier (LEC), either directly or through a resale arrangement, generally for switching and/or interconnection to other LECs to provide VoIP local services. It could also be a CLEC that exceeds the 10,000 customers’ threshold thereby precluding it from qualifying as a Type IV CLEC (see definition below). A Type III CLEC could also be an otherwise qualifying Type IV CLEC that ceases to offer local VoIP services through a resale arrangement with another telecommunications service provider and offers these services through its own resources (Telecom Decision CRTC 2006-58 para. 85). A Type III CLEC is to meet its CLEC obligations either directly or, where permitted, through a third party, i.e.: the underlying LEC (Telecom Decisions CRTC 2005-28 at paras. 343-344 and Telecom Decision CRTC 2007-49 para. 16).

A Type IV CLEC also known as a Group 2 CLEC or ‘small CLEC’Footnote 1 is defined as a non-dominant Canadian carrier that offers local VoIP services through a resale arrangement with another telecommunications service provider (third party) and has fewer than 10,000 local exchange service telecommunications subscribers. A number of specific CLEC obligations and requirements could be fulfilled on behalf of the small CLEC by the third party. The 10,000 local exchange service subscribers’ threshold applies to the total number of VoIP local service subscribers that the CLEC has in all the exchanges served, irrespective of other services such as internet access.

Notes:


Summary of Competitive Local Exchange Carrier (CLEC) Responsibilities and documents to be filed with the CRTC for approval

Disclaimer: This summary has been prepared for information purposes only. Interested parties are to read the relevant decisions for more clarity. Future decisions may affect the listed obligations. In the event of a conflict between this table and any Commission decision/directive, the decision/directive shall apply.

Legend
Pre-Entry Obligations for Proposed Competitive Local Exchange Carriers (CLECs) Requirement to Fulfill Obligations and Associated References
Type I CLECs Type II CLECs Type III CLECs Type IV CLECs
1 Attest to the Commission that the proposed CLEC understands and will conform to the obligations set out in Telecom Decision 97-8, as modified from time to time. Required

Telecom Decision 97-8
par. 295(1)
2 Identify the exchange(s) and the associated province(s) in which local service is to be provided. Required

Telecom Decision 2011-809
par. 16
3 Attest to the Commission that the proposed CLEC is Canadian owned and controlled within the meaning of the Canadian Telecommunications Common Carrier Ownership and Control Regulations issued under the authority of section 22 of the Telecommunications Act (the Act) available at http://laws-lois.justice.gc.ca/eng/acts/T-3.4/. Required

s. 16 and 22 of the Act
4 Register with the Commission using the electronic Data Collection System (DCS) and complete the associated forms (i.e. the registration and ownership forms). Ensure ongoing compliance with the Canadian Telecommunications Common Carrier Ownership and Control Regulations, including the filing of ownership reports. Required

Telecom Circular 2003-1, Telecom Circular 2005-4, and
s. 16 of the Act
CLEC Tariff / Agreement Filing Obligations
5 File an Access Services Tariff for Commission approval.
(Based on the most recent version of the CLEC Model Tariff. Any departure from the CLEC Model Tariff needs to be justified.)
Follow process described under Telecom application checklists and Frequently Asked Questions page.
Required

Telecom Decision 97-8
par. 190, 192, and 279
Required

(Modified Tariff)

Telecom Decision 2006-58
par. 101
6 Enter into a master agreement for local interconnection (MALI) (the most recently approved version) with other local exchange carriers (LECs) and file Schedule C with the Commission.
Follow process described under Telecom application checklists and Frequently Asked Questions page.

Note: Pursuant to Telecom Decision 2007-129, LECs must file a quarterly report listing new template-based MALIs entered into with other LECs. If an executed MALI departs from the template, LECs must file the complete MALI for Commission approval.
Required

Telecom Decision 97-8
par. 27, 28, 40, 41, 206, and 282
Required

Telecom Decision 2006-58
par. 101
7 File proposed tariffs for interexchange equal access.

(Based on the most recent version of the CLEC Model Tariff. Any departure from the CLEC Model Tariff needs to be justified.)

Follow process described under Telecom application checklists and Frequently Asked Questions page.

Note: This obligation is to be fulfilled by an applicant CLEC only in those exchanges where an ILEC supports equal access.
Required

Telecom Decision 97-8
par. 190

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Regulatory Policy 2012-24 par. 94
Required

(Model CLEC Tariff)
Telecom Decision 97-8
par. 190 and Telecom Decision 2006-58 par. 101

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Decision 2006-58
par. 107
8 Enter into a LEC/IXC (interexchange carrier) Agreement
(most recently approved version)

Note: Pursuant to Telecom Decision 2007-129, LECs must file a quarterly report listing new template-based LEC/IXC agreements entered into with other IXCs. If an executed LEC/IXC agreement departs from the template, LECs must file the complete LEC/IXC agreement for Commission approval.

Follow process described under Telecom application checklists and Frequently Asked Questions page.

Note: This obligation is to be fulfilled by an applicant CLEC only in those exchanges where an ILEC supports equal access
Required

Telecom Decision 97-8
par. 295(3)

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Regulatory Policy 2012-24 par. 94
By third party

Telecom Decision 2006-53
par. 114-115
and Telecom Decision 2006-58
par. 109

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Decision 2006-58
par. 107
9 Supply subscriber directory listings to other LECs that serve the exchanges in which the proposed CLEC plans to offer service.

File the unexecuted template Basic Listing Interchange File Agreement (BLIF) for Commission approval. Any departure from the BLIF agreement template needs to be justified.
Required

Telecom Decision 97-8
par. 227
Relieved

Telecom Regulatory Policy 2012-24 par. 94
Required

Telecom Decision 2006-58
par. 89, 92, and 101
10 Provide 9-1-1 of next-generation (NG9-1-1) service where an ILEC offers the service and file a 9-1-1 agreement if required.

Note: 9-1-1 service is currently provided by public safety answering points via the incumbent local exchange carriers (ILECs). A 9-1-1 agreement with the ILEC is obligatory when 9-1-1 service is provided through the ILEC. In the event that a proposed CLEC enters into a direct interconnection arrangement with a PSAP, the proposed CLEC would not be required to submit this arrangement for Commission approval but would instead be required to file an attestation that such an arrangement has been finalized.
Required

Telecom Decision 97-8
par. 286

Telecom Regulatory Policy 2011-771 par. 64
Required

Telecom Decision 2003-53
par. 83, 85-89, 91

Telecom Regulatory Policy 2011-771 par. 64
By third party

Telecom Decision 2005-21
par. 19, 52, 68, 93, and 98
Telecom Decision 2006-58
par. 87

Telecom Regulatory Policy 2011-771 par. 64
11 Provide message relay service (MRS) and file an MRS agreement if required.

Note: When MRS is provided through an agreement with the ILEC, the proposed CLEC is required to file this agreement for Commission approval.
Required

Telecom Decision 97-8
par. 286
By third party

Telecom Decision
2007-49
par. 19
By third party

Telecom Decision
2006-58
par. 87
12 File a Primary Interexchange Carrier/Customer Account Record Exchange (PIC/CARE) Access Customer Handbook in accordance with Part 1 of the CRTC Rules of Practice and Procedure.

Note: Only required if an IXC requests direct interconnection.

Complete all required documents as specified in the Broadcasting and Telecom Regulatory Policy CRTC 2010-958.
Required

Telecom Decision 97-8
par. 276 and 279

In Northwestel’s operating territory:

Required only in those exchanges where Northwestel offers equal access

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Regulatory Policy 2012-24 par. 94
By third party

Telecom Decision 2006-58
par. 107

In Northwestel’s operating territory:

Required only in those exchanges where Northwestel offers equal access

Telecom Regulatory Policy 2011-771 par. 64
Relieved

Telecom Decision 2006-58
par. 107
Proposed CLEC Entry Obligations
13 Advise the Commission that the proposed CLEC has obtained a central office (CO) code (NXX) per local interconnection region (LIR) for routing purposes, for each LIR in which it intends to provide service.

To obtain a CO code, the proposed CLEC should contact the Canadian Numbering Administration Consortium, which is responsible for the Canadian Numbering Administrator (CNA). The CNA provides information on procedures, guidelines, application forms, and current or upcoming area code relief planning activities and related service provider obligations (e.g. numbering resource utilization forecast or NRUF input).
See www.cnac.ca
Required

Telecom Decision 2007-23
par. 72
By third party
(one CO code per LIR)

Telecom Decision 2007-49
par. 16
14 Advise the Commission that the proposed CLEC has obtained a CO code (NXX) for each exchange in which it intends to assign numbers to customers.
To obtain a CO code, see 13 above and www.cnac.ca
Required

Telecom Decision 97-8
par. 23 and
Telecom Decision 2007-23
par. 30
Required

Telecom Decision 2007-23
par. 30
By third party

Telecom Decision 2007-23
par. 30 and 45
and
Telecom Decision 2007-49
par. 16
15 Attest to the Commission that the proposed CLEC has implemented local number portability (LNP).

Proposed CLECs are required to join the Canadian Local Number Portability Consortium (CLNPC) and to participate in CLNPC activities, as recommended to all industry members.
See: www.clnpc.ca
Required

Telecom Decision 97-8
par. 282
Third Party

Telecom
Decision
2006-58
par. 113
Outbound: By third party

Inbound: Optional
Telecom
Decision
2006-58
par. 113
16 Attest to the Commission that the proposed CLEC will meet all existing and future regulatory requirements designed to protect customer privacy. These requirements include the following:
  • Delivery of the privacy indicator when invoked by an end-customer;
  • Provision of automated universal per-call blocking of calling line identification;
  • Provision of per-line call display blocking to qualified end-customers;
  • Disallowance of Call Return to a blocked number;
  • Enforcement of the Commission’s restrictions on automatic dialing-announcing devices, automatic dialing devices, and unsolicited facsimiles applicable in the ILEC territory where the proposed CLEC operates; and
  • Provision of the universal Call Trace feature.
Required

Telecom Decision 97-8
par. 288 and 295(4)
Required

Telecom Decision 2006-58
par. 101
17 Provide the following information to the Commission and make it available to existing and potential customers, upon request:
  • Local calling area boundaries;
  • Policy on access to enhanced service providers;
  • Available special needs services; and
  • Information on privacy protection, including how the company protects the confidentiality of customer records.
Required

Telecom Decision 97-8
par. 292 and 295(4)
Required

Telecom Decision 2006-58
par. 87
18 Provide the following information to the Commission and make it available to existing and potential customers, upon request:
  • Details of all service options, with applicable prices;
  • Details of all potentially applicable service charges.
Required

Telecom Decision 97-8
par. 292 and 295(4)
Make the information available upon request only

Telecom Regulatory Policy 2012-24 par. 94
Required

Telecom Decision 2006-58
par. 87
19 Make serving area maps available at company business offices upon request. Required

Telecom Decision 97-8 par. 291
and
Telecom Decision 2011-809 par. 17
Required

Telecom Decision 2006-58 par. 87
and
Telecom Decision 2011-809 par. 17
20 Provide the following information to the Commission and to existing and potential customers before the proposed CLEC accepts service contracts:
  • The policies on billing frequency, payment, disconnection, security deposits, and directories;
  • The name and address of the company providing service to the customer;
  • A toll-free telephone number that the customer can use to obtain further information or lodge a complaint;
  • Billing dates;
  • Due dates for payment;
  • Interest rates applicable to late payments;
  • 9-1-1 service and MRS information, including customer charges, if any;
  • Information on company obligations regarding customer safety and privacy protection.
Required

Telecom Decision 97-8
par. 293 and 295(4)
Required

Telecom Decision 2006-58
par. 87
21 Attest to the Commission that the proposed CLEC will abide by Commission directives regarding the confidentiality of customer information established in Telecom Decision 86-7, as modified from time to time. Required

Telecom Decision 97-8
par. 289
 and
Telecom Decision 2003-33
Required

Telecom Decision 2003-33
and
Telecom Decision 2006-58
par. 87
22 Attest to the Commission that the proposed CLEC will abide by Commission directives on the provision of billing information and billing inserts in alternative formats, as modified from time to time. Required

Telecom Order 98-626
Required

Telecom Order 98-626
and
Telecom Decision 2006-58
par. 87
23 Attest to the Commission that the proposed CLEC will abide by the Commission directives to ensure that end-users are able to have direct access, under reasonable terms and conditions, to services provided by any other LEC serving in the same area. Required

Telecom Decision 2003-45
par. 141, 151 and 152
Filing Completion
24 Serve the documentation filed with the Commission on all other LECs serving exchanges in which the proposed CLEC plans to offer service, and on all other entities that have proposed to provide service in compliance with the above-mentioned entry obligations. Required

Telecom Decision 97-8
par. 295(1), (2) and (4)
25 Notify the Commission once the CLEC obligations set out in Telecom Decision 97-8, as modified from time to time, have been met. This notification should include a description of how each obligation has been met and a reference to the relevant Commission determination(s). Serve a copy of the notification on other LECs providing service in the exchanges in which the proposed CLEC is proposing to provide service. Required

Telecom Decision 97-8
par. 295(1), (2) and (3)
Other Obligations
26 File annual contribution revenue information.
Contact

Robert Thompson, Senior Analyst
Canadian Radio-television and Telecommunications Commission
1 Promenade du Portage
Gatineau, Quebec K1A 0N2

Phone: 819-994-2484
Fax: 819-953-0795
Email: robert.thompson@crtc.gc.ca
Required

Telecom Decision 2000-745
and summarized in
Telecom Circular 2007-15
27 Contact the Canadian Telecommunications Contribution Consortium Inc. (CTCC) to become a shareholder.
Note: CLECs are eligible to become CTCC shareholders but are not required to do so.

You may contact the CTCC using the following information:

By mail:

Stephen P. Whitehead
Fasken Martineau DuMoulin LLP, Barristers & Solicitors, Patent & Trade-mark Agents
Suite 1300
55 Metcalfe Street
Ottawa, Ontario K1P 6L5

By email: swhitehead@fasken.com

Online: www.fasken.com
Optional

References:

Footnotes

Footnote 1

See Telecom Decision CRTC 2006-58, par 80-85

Return to footnote 1 referrer

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