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Telecom Order
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Ottawa, 23 December 1993
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Telecom Order CRTC 93-1136
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IN THE MATTER OF applications by Bell Canada (Bell) under Tariff Notice 4922, BC TEL under Tariff Notice 2933, Maritime Telegraph & Telephone Company Limited (MT&T) under Tariff Notice 373, Island Telephone Company Limited (Island Tel) under Tariff Notice 263 and Newfoundland Telephone Company Limited (Newfoundland Telephone) under Tariff Notice 310, (collectively, the companies) all dated 24 September 1993, proposing revisions concerning the interconnection of the telecommunications facilities of Interexchange Carriers (IXCs) with those of the companies (the proposed tariff revisions); and
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IN THE MATTER OF the filing of a single comprehensive tariff governing the interconnection of telecommunications facilities of IXCs with those of the companies and Unitel Communications Inc. (Unitel)(the comprehensive interconnection tariff).
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WHEREAS the proposed tariff revisions were filed by the companies pursuant to Telecom Order CRTC 93-620 dated 30 July 1993;
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WHEREAS comments on the proposed tariff revisions were submitted by Unitel, Westel Communications Limited (Westel) and Call-Net Communications Ltd. (now Sprint Canada Inc.) (hereinafter Sprint Canada) on 8 October 1993;
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WHEREAS, in its comments on Bell's Tariff Notice 4922, Unitel identified a number of specific services included in Bell's proposed tariff revisions that it would prefer to obtain pursuant to a Special Facilities Tariff (SFT) rather than the comprehensive interconnection tariff;
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WHEREAS Stentor Resource Centre Inc. (Stentor) provided reply comments on behalf of the companies on 15 October 1993;
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WHEREAS, in TelRoute Communications Inc. - Interconnection With Bell Canada, Telecom Decision CRTC 93-13, 3 September 1993 (Decision 93-13), the Commission invited the companies, including New Brunswick Telephone Company, Limited (hereinafter the telephone companies) and Unitel to comment on the concept of a comprehensive interconnection tariff that would obviate the need for IXCs to file specific applications to interconnect their telecommunications facilities with those of the telephone companies and Unitel;
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WHEREAS comments were submitted by Unitel and by Stentor, on behalf of the telephone companies, on 4 October 1993;
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WHEREAS the Commission notes that both Unitel and Stentor were generally in favour of the concept of a comprehensive interconnection tariff;
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WHEREAS Stentor was of the view that, notwithstanding the establishment of a comprehensive interconnection tariff, it would be appropriate for future IXCs to file specific applications for Commission approval prior to obtaining interconnection for three reasons: 1) to clearly identify the IXCs, 2) to determine the appropriate level of contribution payable by the IXC to the telephone companies and 3) to ensure that IXCs file appropriate tariffs with the Commission;
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WHEREAS, having considered the submissions filed, the Commission finds it appropriate to establish comprehensive interconnection tariffs for each of the telephone companies, pursuant to which any IXC may interconnect its telecommunications facilities with those of any of the telephone companies for the purpose of providing any telecommunications service that the IXC is authorized to provide;
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WHEREAS the Commission considers that the comprehensive interconnection tariffs should contain all of the relevant terms and conditions of interconnection, such that, upon the coming into force of such tariffs, specific applications for interconnection will not be necessary;
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WHEREAS the Commission considers that these comprehensive interconnection tariffs should also include provision for the resale and sharing by IXCs of the facilities and services of the telephone companies;
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WHEREAS the Commission finds it appropriate to require that, prior to obtaining interconnection of its facilities pursuant to the
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comprehensive interconnection tariffs, IXCs shall register with the relevant telephone company or companies, and with the Commission;
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WHEREAS the Commission also finds it appropriate to require IXCs, prior to obtaining interconnection under the comprehensive interconnection tariffs, to file with the Commission a full description of their networks, including information regarding the extent of owned and leased transmission facilities (the initial network information filing), and to notify the relevant telephone company or companies of such filing with the Commission;
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WHEREAS the Commission finds further that both the IXC registration and the initial network information filing requirements should be incorporated into the comprehensive interconnection tariffs of the telephone companies;
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WHEREAS the Commission is of the view that the adoption of these requirements, and their incorporation into the comprehensive interconnection tariffs of the telephone companies, satisfy the concerns raised by Stentor;
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WHEREAS the Commission finds it appropriate to require IXCs to file with the Commission, on an annual basis, by 1 September, an update to the initial network information filing, that would include information regarding any changes to the networks which affect the mix of leased and owned transmission facilities;
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WHEREAS the Commission is of the view that Unitel, TelRoute Communications Inc. and Sprint Canada have already effectively satisfied the registration and initial network information filing requirements set forth above;
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WHEREAS the Commission considers further that, generally, all facilities and services provided for in the General Tariffs of the telephone companies should be made available to IXCs on a General Tariff basis at the same rates and under the same terms and conditions as the facilities and services are made available to any other customer;
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WHEREAS the Commission is of the view that the facilities and services provided pursuant to the comprehensive interconnection tariffs should be limited, generally, to those facilities and services available only to IXCs, as well as those facilities and services associated with trunk-side access;
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WHEREAS the Commission finds that, upon request by an IXC, the telephone companies are to provide interconnection arrangements, other than those available at the time of the request under the comprehensive interconnection tariff, either through a SFT or by means of a revision to the comprehensive interconnection tariff;
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WHEREAS the Commission considers that the technical arrangements set out in Part VI of Competition in the Provision of Public Long Distance Voice Telephone Services and Related Resale and Sharing Issues, Telecom Decision CRTC 92-12, 12 June 1992 (Decision 92-12) and in Trunk-Side Access by Resellers to the Public Switched Telephone Network, Telecom Decision CRTC 93-8, 23 July 1993 (Decision 93-8) should apply to future IXCs interconnecting their facilities pursuant to comprehensive interconnection tariffs;
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WHEREAS the Commission finds that the proposed rate increases contained in the proposed tariff revisions are outside the scope of this proceeding and, accordingly, are inappropriate;
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WHEREAS, in its comments on a comprehensive interconnection tariff, Unitel stated that a clearer understanding was needed of what it means to have service providers interconnected to Unitel's facilities given that Unitel does not have a PSTN and that it already allows resale and sharing of its facilities;
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WHEREAS the Commission is of the view that it would be appropriate to establish tariff provisions in Unitel's General Tariff and in the tariffs of other IXCs, governing the interconnection of an IXC's facilities and services with those of another IXC; and
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WHEREAS the Commission intends to seek comment shortly regarding such tariff provisions -
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IT IS HEREBY ORDERED THAT:
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1. The proposed tariff revisions are denied.
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2. Bell shall, within fifteen days of the date of this Order, issue tariff pages as specified in Appendix 1, together with any required housekeeping changes.
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3. Bell shall, within fifteen days of the date of this Order, issue, as Special Facilities Tariffs, Items 30.2.(a)(1), (2) and (3), 30.2.(b), (c) and (d), 30.3.(f) proposed in Tariff Notice 4922, using existing rates, together with any required housekeeping changes.
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4. The other telephone companies shall, within fifteen days of the date of this Order, issue tariff pages consistent with 2. and 3. above, together with any required housekeeping changes.
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5. The technical arrangements set out in Part VI of Decision 92-12 shall apply to future IXCs interconnecting their facilities pursuant to a comprehensive interconnection tariff.
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Allan J. Darling
Secretary General
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Appendix 1
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GENERAL
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Item
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10. Terms and Conditions
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1. General
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(a) Subject to the terms and conditions as set out in this Tariff and in Part VI of Telecom Decision CRTC 92-12 , Interexchange Carriers may
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(i) interconnect their services and facilities to any of the Company's services and facilities, subject to their availability; and
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(ii) except where expressly prohibited by the Company's tariffs, resell or share any of the Company's services and facilities, subject to their availability.
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(b) The services in this Tariff are also subject to the terms and conditions of the technical and operational arrangements specified within the following Schedules, which are approved by the Commission. Particular details of these Schedules, and of any additional Schedules which may be required, are open to negotiation between the IXC and the Company, and subject to the approval of the Commission:
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Schedule 1 Intercarrier Interface Specification
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Schedule 2 Network Operations Procedures for Interconnected Switched Access Services
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Schedule 3 Terms and Definitions
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(c) The provision of access services is further subject to the terms and conditions specified in the Agreement Specifying the Procedures of the Interexchange Carrier Group between the IXC and the Company (the "CSG Agreement"). The CSG Agreement defines and determines the procedures for handling confidential information provided by the IXC to the Company and specifies procedures with respect to: the receipt and processing of orders from the IXC, interexchange carrier billing and network planning requirements in relation to services provided as a result of interconnection.
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(d) Insofar as they are reasonably applicable and not inconsistent with this Tariff, the Company's General Tariff, CRTC 6716, and all other Company tariffs, including any amendments to or replacements of them, extend and apply to this Tariff. The Company's Terms of Service, Item 10 of the General Tariff, including any amendments to or replacements of them, apply to this Tariff, with such modifications as the circumstances require.
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(e) Any facilities and services of the Company required by the IXC for the purposes of interconnection or resale or sharing may be acquired through any of the Company's Tariffs including this Tariff.
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(f) The provision of the connections outlined in this Tariff does not constitute a joint undertaking with the IXC in the furnishing of any service.
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g) In the furnishing of such connections, the Company is not responsible to the IXC's subscribers for end-to-end service.
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(h) The IXC is considered to be the Company's customer for any connections provided pursuant to this Tariff.
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(i) Charges for the Company's message toll service, associated with any of the connections furnished to an IXC, that are incurred by the IXC's subscriber, will be billed to and be payable by the IXC.
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(j) When it is necessary for the Company to install special equipment or to incur any unusual expense in order to meet an IXC's requirements, an additional charge may be assessed based on the equipment installed or the unusual expense incurred. In addition, when the IXC cancels an application for an access arrangement after the Company has incurred costs associated with the provisioning of that arrangement, the IXC will pay the Company all such costs.
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(k) The IXC will furnish or arrange to furnish to the Company, at no charge, adequate equipment space and electrical power required by the Company to provide the connections under this Tariff at the IXC's premises, or at its subscriber's premises, as appropriate.
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(l) The IXC will also furnish or arrange to furnish to the Company, at no charge, any additional facilities or protective apparatus that may be required due to the particular hazardous locations of the connections.
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(m) In cases of subscriber-provided equipment or facilities, the interface with the Company's equipment or facilities shall comply with Items 4200 and 4230 of the Company's General Tariff.
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(n) Unless otherwise specified in an approved tariff or agreement, the IXC may not use the Company's services to originate competitive, public-switched, interexchange voice services in the operating territories of telephone companies other than Bell Canada, BC TEL, Island Tel, MT&T, NB Tel or Nfld Tel.
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(o) The IXC may not provide local public pay telephone voice service.
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(p) The IXC's traffic may not be aggregated or terminated using the switched services of a reseller or a sharing group or another IXC if the contribution charges applicable to the reseller or sharing group or the other IXC are less than those applicable to the IXC.
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(q) When an IXC offers shared tenant services, it must provide the Company with direct access, under reasonable terms and conditions, to tenants who choose to receive service from the Company rather than, or in addition to, service from the IXC.
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(r) Prior to receiving service pursuant to this Tariff, an IXC must register with the Commission and the Company.
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(s) Together with its registration, an IXC shall file with the Commission a full description of its network, including information regarding the extent of owned and leased transmission facilities, and shall notify the Company of such filing.
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2. Network Changes
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(a) The Company does not make any representation that its equipment and facilities are adapted or will remain adapted for use in connection with IXC-provided equipment or facilities.
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(b) The Company reserves the right to change in whole or in part, the design, function, operation or layout of its equipment, apparatus, lines, circuits or devices as it considers necessary. The Company shall not be responsible to an IXC or its subscribers for any of their equipment, apparatus, lines, circuits or devices, either in whole or in part, which cease to be compatible with the Company's facilities or become inoperative because of such changes to the Company's equipment, apparatus, lines, circuits or devices.
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(c) The Company will, however, provide the IXC with six months advance notice of minor changes and two years advance notice of major changes to the design, function, operation or layout of its equipment, apparatus, lines, circuits or devices. When it is not possible to give the IXC's the six months or two years notice, the Company will advise the IXC's as soon as a decision to proceed with the change has been made.
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(d) The Company will also provide the IXC's with at least two years notice in writing of any changes in its network that could affect any of the interconnections or access arrangements contemplated in this Tariff. When it is not possible to give the IXC's two years notice, the Company will advise the IXC's as soon as a decision to proceed with the change has been made.
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3. Network Outages
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The Company will provide the IXC's with the earliest possible notice of all network outages affecting the operation of the IXC's networks.
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4. Protection
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(a) The characteristics and methods of operation of any circuits, facilities or equipment of the IXC, when connected to the Company's, shall not:
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(1) interfere with or impair service over any facilities of the Company's or its connecting carriers involved in its services;
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(2) cause damage to its plant;
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(3) impair the privacy of any communication carried over its facilities;
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(4) create hazards to the Company's employees or to the public.
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(b) If such characteristics or methods of operation are not in accordance with the preceding, the Company will, where practicable, notify the IXC that temporary discontinuance of the use of any circuits, facilities or equipment may be required. When prior notice is not practicable, nothing contained within this Tariff shall be deemed to preclude the Company from temporarily discontinuing forthwith the availability to the IXC of any circuit, facility or equipment if such action is reasonable under the circumstances. In cases of such discontinuance, the IXC will be promptly notified and afforded the opportunity to correct the condition which gave rise to the temporary discontinuance.
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(c) During any period of temporary discontinuance of service caused by a trouble or condition arising in the IXC's operations, facilities or network, no refund for interruption of service, as set forth in the Company's Terms of Service, shall be made.
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Item
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20. Definitions
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For the purposes of this Tariff:
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Circuit means an analogue voice-grade channel or a digital 64 Kbps (DS-0) channel.
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Circuit Group means a group of equivalent circuits.
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Data Service means a telecommunications service other than a voice service.
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Dedicated Service means a telecommunications service which is dedicated to the private communications needs of a user, where one end of the facility used to provide the service is terminated at equipment dedicated to the user.
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Interconnecting Circuit means a circuit that connects an IXC's facility to a facility of the Company to provide access to the Company's public switched telephone network (PSTN). An interconnecting circuit may connect:
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(1) an IXC's facility to a Company central office to which customer lines are directly connected (end office); or
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(2) an interexchange circuit to a Company Centrex switch; or
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(3) a local circuit from an IXC's switch to a Company Centrex switch; or
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(4) an IXC's facility to a Company central office to which end offices are directly connected in order to originate or terminate toll traffic (toll office).
Interexchange Service or Interexchange Facility means a service or facility configured to operate between any two exchanges for which Message Toll Service charges would apply, including overseas and international services and facilities.
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Interexchange Carrier (IXC) means a Canadian carrier as defined in section 2 of the Telecommunications Act, other than one of the Stentor operating companies.
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Joint-Use Basis means on a basis in which a circuit is not dedicated to a single user.
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line-Side Access means any connecting arrangement provided by the Company to an IXC over which PSTN dial tone is delivered or access to the Company's 800 Service is provided to the IXC, by means of an interconnecting circuit, enabling the IXC to access or egress the Company's PSTN.
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Overseas Access Circuit means a circuit which connects to a service or a facility of Teleglobe for the purpose of providing overseas service.
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Person means a partnership, firm, body corporate or politic, government or department thereof and the legal representatives of such person.
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Resale means the subsequent sale or lease on a commercial basis, with or without adding value, of a telecommunications service leased from an IXC or from the Company.
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Reseller means a person engaged in resale.
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Sharing means the use by two or more persons, in an arrangement not involving resale, of a telecommunications service leased from an IXC or the Company.
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Sharing group means a group of persons engaged in sharing.
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Subscriber means a person for whom telecommunications equipment, facilities or service have been provided by an IXC.
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Trunk-Side Access means any connecting arrangement provided by the Company to an IXC, by means of an interconnecting circuit between their respective switches, over which 1+950, 10XXX or 1+ routing information is exchanged for the purpose of routing traffic to and from the IXC's network.
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User means a person or a member of a sharing group using a telecommunications service or facility for the person's or member's private communications needs. Voice Service means a two-way telecommunications service involving direct real-time voice communication between two or more natural persons. It does not include a service the purpose of which is limited to the co-ordination or setting up of a data service.
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Item
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50. Test Facilities
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l. The Company will furnish to the IXC, subject to the availability of facilities, interconnecting circuits, CCS7 connections and WATS and 800 connections, with
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appropriate ANI or Caller ID signalling, for the purpose of testing its network, at the rates and charges for such connections specified in the Company's Tariffs.
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2. Connections furnished to the IXC pursuant to this Item will be restricted to testing functions. The IXC shall not use these connections to carry any of its administrative or commercial traffic.
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3. Contribution charges will not apply to facilities designated as test facilities.
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Item
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70. Interconnecting Circuits with Trunk-Side Access
1. Rates and Charges
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(a) The Company will furnish interconnecting circuits with MF signalling at rates and charges specified in the Company's General Tariff as follows:
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General Tariff Item
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Digital Access:
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Megaroute Service .... 5020.2(a)(2)
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3. Network Charges
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(a) When the IXC requests an interconnecting circuit providing 1+950, 1+ or 10XXX access (trunk side access), a switching and aggregation charge specified in (c) below applies to each minute of traffic carried on the interconnecting circuit.
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(b) This charge relates to all associated switching, transport and signalling functions performed by the Company at the originating or terminating end of a call, including, subject to availability:
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(1) hardware answer supervision;
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(2) delivery of calling line identification;
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(3) casual calling;
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(4) pay telephone access;
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(5) busy line verification;
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(6) call interruption;
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(7) directory assistance;
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(8) billing and collection services (x)(y); and
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(9) database queries/access (x)(z).
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(c) Switching and aggregation charge, each minute of originating or terminating traffic$0.011
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(x) Provided only where the IXC has an Operator Services tariff approved by the CRTC.
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(y) Provided subject to a billing and collection agreement between the IXC and the Company.
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(z) Excludes routing queries to an 800 service database on behalf of an IXC.
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4. Recovery of Start-Up Costs
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(a) When the IXC is provided with 1+950, 1+ or 10XXX access, a further charge related to the recovery of start-up costs as specified in (b) below applies to each minute of originating or terminating traffic.
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(b) Recovery Charge, each minute of originating or terminating traffic.
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Item
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80. Contribution Charges
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1. Interconnecting Circuits
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(a) When the interconnecting circuit is associated with trunk-side access, monthly contribution charges, as specified in (c) below, apply for each interconnecting circuit within a circuit group.
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(b) When the interconnecting circuit is associated with line-side access, 85% of the applicable trunk-side access contribution charges apply, as specified in (c) below.
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As an exception, for IXCs whose network primarily comprises transmission facilities which it does not own or operate, the monthly contribution charge for line side access connections is that specified in General Tariff Item 24.
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(c) Monthly Contribution Charge, each circuit /
Number of circuits in the circuit group /
1 - 3
4 - 6
7 - 9
10 - 14
15 - 19
20 - 29
30 - 39
40 - 49
50 - 74
75 - 99
100 and over / $ 30.00
105.00
150.00
185.00
215.00
245.00
270.00
285.00
300.00
315.00
335.00 $ 25.50
89.25
127.50
157.25
182.75
208.25
229.50
242.25
255.00
267.75
284.75
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2. Overseas Access Circuits
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For each Overseas Access circuit located in the Company's operating territory, used by the IXC, Teleglobe will collect the monthly contribution charges specified in 1(a) above from the IXC pursuant to Teleglobe's tariffs and will remit the payment to the Company.
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As an exception, for IXCs whose network primarily comprises transmission facilities which it does not own or operate, the monthly contribution charge for Overseas Access circuits is that specified in General Tariff Item 24.
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3. Canada - U.S. Circuits
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(a) For each of the IXC's Canada - U.S. circuits which uses a border crossing point located in the Company's operating territory, the monthly contribution charge specified in (c) below applies.
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As an exception, for IXCs whose network mainly comprises transmission facilities which it does not own or operate, the monthly contribution charge for Canada - U.S. circuits is that specified in General Tariff Item 24.
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(b) The IXC will advise the Company monthly of the number of such circuits and will remit the applicable contribution payment to the Company.
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The number of Canada - U.S. circuits to be reported monthly is limited to those which are provided over facilities that are not leased from the Stentor owners or other IXC's.
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Monthly Rate
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(c) Contribution Charge, each Canada - U.S. circuit
Frais de contribution, chaque circuit Canada - É.-U. $305.00
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4. Exemptions
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(a) When an interconnecting circuit is used solely to access the Company's MTS/WATS services, the contribution charges specified in paragraphs 1, 2 and 3 of this Item do not apply.
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(b) When an interconnecting circuit associated with line side access, a Canada-U.S. circuit or an Overseas Access circuit is used to provide a data service or a dedicated service, the contribution charges specified in paragraphs 1, 2 and 3 of this Item do not apply, provided that the IXC applies to the Commission on a case by case basis and provides evidence satisfactory to the Commission that by reasons of the technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use voice service.
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When an interconnecting circuit is exempted from contribution charges as described above and is connected to an interexchange transmission facility owned or operated by the IXC then a monthly Interexchange Access Charge applies, equal to 25% of the monthly rate for an Information System Access Line as specified in Item 4680.8 of the Company's General Tariff.
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(c) When an interconnecting circuit associated with line side access, a Canada-U.S. circuit or an Overseas Access circuit is used by a reseller or a member of a sharing group to provide a joint-use interexchange voice service, the contribution charges specified in the Company's General Tariff, Item 24 - Resale and Sharing apply in place of the contribution charges specified in paragraphs 1, 2 and 3 of this Item. The IXC will collect the contribution payment from the reseller or sharing group pursuant to the IXC's tariff and will remit the payment to the Company.
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(d) When an interconnecting circuit associated with line side access, a Canada-U.S. circuit or an Overseas Access circuit is resold to a second IXC to provide joint-use interexchange voice service, the contribution charges applicable to the second IXC will apply in place of the contribution charges applicable to the IXC leasing the interconnecting circuit.
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The IXC leasing the interconnecting circuit will collect the contribution payment from the second IXC persuant to the IXC's tariff and remit the payment to the Company.
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