ARCHIVED -  Telecom Public Notice CRTC 1992-45

Telecom Public Notice

Ottawa, 21 August 1992

Telecom Public Notice CRTC 92-45

AGT LIMITED, THE ISLAND TELEPHONE COMPANY LIMITED, MARITIME TELEGRAPH & TELEPHONE COMPANY LIMITED, THE NEW BRUNSWICK TELEPHONE COMPANY LIMITED AND NEWFOUNDLAND TELEPHONE COMPANY LIMITED - REVIEW OF THE GENERAL REGULATIONS

On 28 August 1991, Unitel Communications Inc. (Unitel) filed a complaint with respect to The New Brunswick Telephone Company Limited (NBTel). In its complaint, Unitel stated, among other things, that there is a disparity between the General Regulations of NBTel, AGT Limited (AGT), The Island Telephone Company Limited (Island Tel), Maritime Telegraph & Telephone Company Limited (MT&T), and Newfoundland Telephone Company Limited (Newfoundland Tel) (the companies), and the Terms of Service set out in Review of the General Regulations of the Federally Regulated Terrestrial Telecommunications Common Carriers, Telecom Decision CRTC 86-7, 26 March 1986, as amended by Telecom Order CRTC 86-593, 22 September 1986 (Decision 86-7).

The Terms of Service established in Decision 86-7 replaced the General Regulations of Unitel (then CNCP Telecommunications) and of the four telephone companies then under the Commission's jurisdiction, i.e., Bell Canada (Bell), British Columbia Telephone Company (B.C. Tel), Northwestel Inc. (Northwestel) and Terra Nova Telecommunications Inc. (Terra Nova). In Decision 86-7, Bell, B.C. Tel, Northwestel, Terra Nova and Unitel were directed to file, for the Commission's approval, proposed tariffs incorporating the Terms of Service.

Unitel stated that, in the proceeding leading to Decision 86-7, the Commission attempted to balance the rights and obligations of the carriers, of individual customers and of the general body of subscribers. The importance of uniformity among carriers was also stressed. Unitel submitted that these objectives remain paramount and should apply equally to AGT and the four Atlantic telephone companies, all of which have come under the Commission's jurisdiction since Decision 86-7 was issued. Unitel requested that the Terms of Service established in Decision 86-7 be applied to these companies and that they be directed to file (1) proposed tariffs incorporating the Terms of Service, or (2) the rationale supporting any objection to adopting the Terms of Service.

By letter dated 20 December 1991, the Commission directed AGT, Island Tel, NBTel and Newfoundland Tel to file, by 31 March 1992, side-by-side comparative analyses of their respective General Regulations and the Terms of Service established in Decision 86-7. MT&T had already filed such an analysis on 21 March 1991, pursuant to a direction in Maritime Telegraph & Telephone Company Limited - Revenue Requirement For 1990 and 1991, Telecom Decision CRTC 90-30, 20 December 1990.

In their analyses, the companies identified the following:

(1) General Regulations for which there are no corresponding articles in the Terms of Service;

(2) General Regulations that are substantially similar to corresponding articles in the Terms of Service;

(3) General Regulations that are substantially different from articles in the Terms of Service; and

(4) Articles in the Terms of Service for which there are no corresponding General Regulations.

The Commission has addressed interrogatories to the companies and has directed them to file responses by 16 October 1992.

The Commission invites comment on Unitel's request, on the companies' analyses and on their responses to the Commission's interrogatories to be filed pursuant to the procedures set out below.

Procedure

1. Each company's analysis may be examined at any of its business offices, at the business offices of Unitel, or at the offices of the CRTC in the following locations:

Room 201
Central Building Les Terrasses de la Chaudière
1 Promenade du Portage
Hull, Quebec

Suite 1007
Bank of Commerce Building
1809 Barrington Street Halifax, Nova Scotia

Suite 602
Complex Guy-Favreau East Tower
200 René-Lévesque Blvd. West
Montréal, Quebec

Suite 1380
800 Burrard Street
Vancouver, British Columbia

2. Persons wishing to participate in this proceeding (interveners) must file a notice of intention to participate by writing to Mr. Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, by 18 September 1992 (fax: 819-953-0795). The Commission will issue a complete list of parties and their mailing addresses.

3. The companies are to serve copies of their respective analyses and their responses to the Commission's interrogatories on each other, on Unitel and on interveners by 16 October 1992.

4. Interveners may file comments with the Commission, serving copies on the companies and on Unitel, by 30 October 1992.

5. Unitel may file comments, serving copies on the companies and on interveners, by 13 November 1992.

6. The companies may file replies to any comments, serving copies on Unitel and on interveners, by 27 November 1992.

7. 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.

8. After it has considered the submissions, the Commission will issue for further comment any amendments it may propose with respect to the General Regulations of each company.

Allan J. Darling
Secretary General