Telecom Letter Decision
|
Ottawa, 29 January 1990 |
Telecom Letter Decision CRTC 90-1 |
To:Newfoundland Telephone Company Limited Fort William Building P.O. Box 2110 St John's, Newfoundland AlC 5H6 |
Re: Attachment of Subscriber-Provided Terminal Equipment to the Network of |
On 13 October 1989, the Association of Competitive Telecommunications Suppliers (ACTS) and the Canadian Business Telecommunications Alliance (CBTA) filed an application, pursuant to Section 57 of the CRTC Telecommunications Rules of Procedure (the Rules), for interim and final orders liberalizing the rules applicable to the attachment of subscriber-provided terminal equipment to the network of Newfoundland Telephone Company Limited (Nfld Tel). |
In its answer to the application, Nfld Tel stated that, in Region 1 of its operating territory, it permits the attachment of the following types of subscriber-provided terminal equipment: (1) single-line telephone sets used as residence extension telephones, (2) mobile service terminals, (3) data terminal equipment, and (4) non-network addressing terminal devices, such as answering machines. The company stated that, in Region 2, formerly the operating territory of Terra Nova Telecommunications Inc. (Terra Nova), it permits the attachment of subscriber-provided single and multi-line terminal equipment. Nfld Tel stated that the Board of Commissioners of Public Utilities of Newfoundland (the Board) had begun a multi-phase examination of the issue of terminal attachment and, in Order No. P.U. 18, 16 August 1988, had approved multi-line terminal attachment and rejected single-line business and residence main set attachment in what is now Region 1 of the company's territory. |
In answering the ACTS/CBTA application, Nfld Tel did not oppose the attachment of subscriber-provided multi-line terminal equipment. It noted that the third phase of the Board's examination would have proceeded to address rates, terms and conditions for such attachment. With its answer, Nfld Tel filed the third phase material that it had already submitted to the Board. It stated that the rates, terms and conditions it had proposed are appropriate. It argued that the ACTS/CBTA application should be rejected, as it goes beyond the type of terminal attachment permitted by the Board. |
Nfld Tel contended that the Board should be permitted to complete the process it had commenced to determine the rates, terms and conditions for the attachment of subscriber-provided multi-line terminal equipment. Nfld Tel proposed that the Commission appoint the Board pursuant to Section 84(1) of the National Telecommunications Powers and Procedures Act to complete the third phase of its proceeding and report its recommendations to the Commission. Alternatively, Nfld Tel requested that the Commission adopt the provisions of Order No. P.U. 18 and schedule a hearing with respect to the third phase material it had filed with the Board. |
The Commission received comments from Canadian Federation of Independent Business, Consumers' Association of Canada, and Corner Brook Pulp and Paper Limited, Western Memorial Hospital Corporation, Memorial University of Newfoundland, General Hospital Corporation, The Governing Council of The Salvation Army Canada East and St. Clare's Mercy Hospital. |
Based on the record of this proceeding and on its experience with terminal attachment, including terminal attachment in that part of Nfld Tel's operating territory previously served by Terra Nova, the Commission concludes that the attachment of subscriber-provided multi-line equipment to the network of Nfld Tel in Region 1 would be in the public interest. |
The rate revisions proposed in the third phase of the Board's proceeding included decreases in terminal rates of up to 77% and increases in business multi-line rates of up to 62%. Given the extent of the proposed revisions, the Commission finds it appropriate to consider the rates, terms and conditions for the attachment of multi-line terminal equipment in the context of the proceeding initiated to consider Nfld Tel's application for a general rate increase in 1990. The proceeding will include a public hearing to be held in St. John's, Newfoundland, in May 1990. The material filed by Nfld Tel as part of the third phase of the Board's proceeding will form part of the record of the general rate increase proceeding. The evidence and proposed rates that the company filed on 12 January 1990 in the general rate increase proceeding do not reflect the rates, terms and conditions filed with the Board. |
The Commission does not consider the record of this proceeding sufficient to permit a determination on the issue of whether it is in the public interest to permit the attachment of single-line business and residence main sets in Region 1. The Commission will issue, in the near future, a public notice announcing a separate proceeding to consider the question of single-line main set attachment and any related issues. |
In light of the above, the ACTS/CBTA request for interim relief is denied. The Commission sets out the following procedures for the consideration, in the context of the Nfld Tel general rate increase proceeding, of the rates, terms and conditions for the attachment of multi-line terminal equipment in Region 1 of the company's operating territory. |
1. Nfld Tel's proposed rates, terms and conditions, its evidence and its responses to interrogatories
in the third phase of the Board's proceeding can be examined at any of the locations listed in
the Appendix to this Letter Decision for examination of materials filed by the company with
respect to its application for a general rate increase. |
2. By 5 February 1990, Nfld Tel is to provide the Commission with a list of the names and mailing
addresses of all interested parties in the three phases of the Board's proceeding. By the same
date, Nfld Tel is to provide these parties with a copy of this Letter Decision. |
3. All parties referred to in paragraph (2) above are hereby deemed to have filed a notice of
intention to participate and are made interested parties in the general rate increase proceeding.
Therefore, they need take no further action in order to receive the materials filed by the
company, to be permitted to address interrogatories and file evidence and, in general, to
participate fully in the rate case in a manner consistent with the established procedures. They
are, of course, not obliged to participate more fully than they wish. |
4. Other persons wishing to comment or to otherwise participate should follow the procedures
established for the general rate case proceeding. |
The Rules require Nfld Tel to use newspaper advertisements and inserts in monthly telephone bills to notify subscribers of the general rate case proceeding and of how to participate in it. For ease of reference, the procedures are set out in the Appendix to this Letter Decision. |
Fernand Bélisle |
APPENDIX |
Nfld Tel Rate Case Procedures |
1. The materials filed by Nfld Tel with respect to its application for a general rate increase can be
examined at the following Nfld Tel offices: |
Phonecentre, Phonecentre,
Main Floor, 80 Airport Boulevard,
Fort William Building, Gander, Newfoundland
St. John's, Newfoundland |
Phonecentre, Customer Service Centre,
Valley Mall, Glenn Plaza,
Corner Brook, Newfoundland Hamilton River Road,
Happy Valley-Goose Bay,
Labrador |
or at the offices of the CRTC, Room 201, Central Building, Les Terrasses de la Chaudière, 1
Promenade du Portage, Hull, Quebec, or Suite 1007, Bank of Commerce Building, 1809
Barrington Street, Halifax, Nova Scotia. |
2. Anyone who wishes to file written comments with respect to Nfld Tel's application may do so
by writing to the Commission. Your letter should clearly state your views and should include
any relevant information that may be useful in explaining or supporting those views. Send
your letter so that it will be received by 1 March 1990 to: |
Mr. Fernand Bélisle,
Secretary General,
CRTC,
Ottawa, Ontario
K1A 0N2 |
A copy of your letter should also be sent to: |
Mr. Donald R. Tarrant,
General Manager - Rates and Regulatory Matters,
Newfoundland Telephone Company Limited,
Fort William Building,
P.O. Box 2110,
St. John's, Newfoundland
A1C 5H6 |
For delivery by hand, you may use any of the locations listed above for public inspection of
the materials filed by Nfld Tel. |
3. The Commission will hold a public hearing into the application. Provided the application is
completed to the Commission's satisfaction, the hearing will commence at 9:30 a.m. on
Tuesday, 15 May 1990, at the Holiday Inn Government Centre, 180 Portugal Cove Road, St.
John's, Newfoundland. The first part of the hearing will be devoted to hearing representations
from subscribers. If you would like an opportunity to appear and expand on your written
comments regarding the main application or to make further submissions, you should follow
the procedures described above for sending comments to the Commission, making sure to
include a statement of your desire to appear. |
4. The second part of the hearing will be devoted to a detailed review of the company's
evidence. Participation in this part of the hearing, which generally requires attendance on a
daily basis, involves the presentation of evidence by both the applicant and interveners, often
through expert witnesses, and includes cross-examination. If you wish to participate at this
stage, you must file a notice of intention to participate with the Commission, with a copy to the
company, by 1 March 1990. This will entitle you to receive a complete copy of the application. |
5. Any interrogatories addressed to Nfld Tel must be served on the company, with a copy to the
Commission, by 1 March 1990. By 2 April 1990, Nfld Tel is to respond to any interrogatories
received within the specified time limit. |
6. Where a document is to be filed or served by a specific date, the document must be actually
received, not merely mailed, by that date. |