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Ottawa, 19 August 1993
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Telecom Public Notice CRTC 93-51
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SHARING GROUPS
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On 28 April 1993, Unitel Communications Inc. (Unitel) filed an application against AGT Limited (AGT), BC TEL, Bell Canada (Bell), The Island Telephone Company Limited (Island Tel), Maritime Telegraph and Telephone Company Limited (MT&T), The New Brunswick Telephone Company Limited (NBTel) and Newfoundland Telephone Company Limited (Newfoundland Tel) (the respondents). Unitel requested (1) an interim order directing the respondents to cease promotion, marketing and sale of their public switched long distance services to existing and potential sharing groups, and (2) a final order directing the respondents to revise their respective resale and sharing tariffs to require sharing groups to file sharing agreements with the respondents and with the Commission indicating that the members of the group actually share facilities and are jointly and severally liable for all charges payable.
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In Telecom Letter Decision CRTC 93-13, 19 August 1993 (Letter Decision 93-13), the Commission stated that it agreed with Unitel's view that, at a minimum, a sharing group must be treated as a single customer for the purposes of billing, collection and liability for services rendered. Specifically, the telephone companies must bill a representative of the group directly for all services obtained by the group's members and, in turn, the representative of the group must be responsible for billing and collecting from its members.
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The Commission directed that the respondents, with the exception of AGT (to whom Decision 92-12 does not apply), have 60 days to ensure that existing sharing groups conform to Letter Decision 93-13. The Commission also directed that, effective immediately, no new groups that do not conform are to be formed and that no additional members are to be added to existing groups that do not conform.
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In the Commission's view, Unitel's application has raised a number of significant regulatory issues related to sharing groups, including the promotion, marketing and sale of telecommunications services to such groups. Accordingly, the Commission initiates a proceeding to examine issues related to the appropriate regulatory treatment of sharing groups in the environment brought about by 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). In particular, the Commission invites comments on the following:
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(1) the appropriate definition of a sharing group in the post Decision 92-12 environment;
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(2) the appropriate extent of telephone company involvement in sharing groups;
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(3) the limitations, such as size or common interest of membership, if any, on sharing groups;
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(4) the possible need to re-introduce a requirement for joint and several liability, or to introduce other requirements with respect to sharing groups; and
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(5) the possible need to adjust competitor contribution levels in light of sharing group activities.
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The record of the proceeding leading to Letter Decision 93-13 will form part of the record of this proceeding.
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Procedure
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1. BC TEL, Bell, Island Telephone, MT&T, NBTel, Newfoundland Tel and Unitel are made parties to this proceeding.
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2. Other persons wishing to be party to this proceeding must file a notice of intention to participate by writing to Mr. Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: 819-953-0795, by 16 September 1993. The Commission will issue a complete list of parties and their mailing addresses.
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3. Parties may file comments with the Commission, serving copies on all other parties, by 30 September 1993.
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4. Parties may file reply comments with the Commission, serving copies on all other parties, by 14 October 1993.
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5. 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.
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Allan J. Darling
Secretary General
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