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Ottawa, 27 September 1993
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Telecom Public Notice CRTC 93-59
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BELL CANADA - PROPOSED TARIFF REVISIONS RELATED TO COMMERCIAL SOLICITATION, TELEMARKETERS AND THE USE OF AUTOMATIC DIALING DEVICES
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Reference: Tariff Notices 4869 and 4869A
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I THE APPLICATION
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The Commission has received an application from Bell Canada (Bell) for approval of tariff revisions related to the use of the company's facilities for telemarketing and commercial solicitation and to the use of Automatic Dialing Devices (ADDs). The primary features of Bell's application are described below. The proposed tariff would replace Bell's current General Tariff Item 4250 related to restricted Automatic Dialing-Announcing Devices (ADADs).
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Bell states that consumer concerns related to privacy and unsolicited telephone calls have continued to increase since its current tariff was introduced in 1985. The company states that the proposed restrictions better reflect current technology and provide a means of ensuring the consumer's right to privacy with respect to telephone and facsimile solicitation.
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The proposed tariff would impose certain restrictions on the use of the company's facilities by telemarketers. A telemarketer is defined as any person who contacts new or existing customers, and would include charities, market research firms and any person promoting its business through third parties.
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Subject to the availability of suitable facilities, telemarketers using Bell's facilities would be required to transmit to the called party, for display, an inquiry telephone number that could be called to register any concerns. This inquiry number could not be the originating number, and telemarketers would be required to subscribe to Number Replacement Service. Telemarketers would not be permitted to use call display blocking. Telemarketers conveying a live message would be obliged to identify the person on behalf of whom the call is made and to provide, upon request, an inquiry telephone number at which a responsible party could be reached to discuss the message, at no charge to the caller.
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Telephone numbers to be called by telemarketers could not be generated on a sequential or random basis. Furthermore, the telemarketer would be obliged to abide by the called party's request not to be called again. Telemarketers who referred customers to a 976 or 900 Service would be required to state clearly the cost of the call prior to giving the number to the called party. Bell also proposes to extend the hours during which calls and facsimile messages from telemarketers for the purpose of commercial solicitation could be made. However, no calls would be permitted on statutory holidays.
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Under Bell's proposal, telephone service to telemarketers could be discontinued five days after notice from the company of any violation of the restrictions. In addition, Bell proposes that notification by a called party to the company of an alleged violation may constitute evidence of that violation.
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With respect to customer complaints about annoying calls, defined as two unsolicited calls or facsimile messages received by a customer from the same telemarketer within 30 days, Bell proposes that the company may inform the telemarketer that service will be suspended for five days. After three such suspensions, the telemarketer's service would be terminated upon five days notice.
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Bell also proposes various restrictions on the use of ADDs. Under Bell's current tariff, a Restricted ADAD is defined as any automatic equipment used for telephone solicitation which incorporates the capability of storing telephone numbers to be called, or a random or sequential number generator capable of producing numbers to be called, and the capability, working alone or in conjunction with other equipment, to convey a prerecorded or synthesized voice message to the telephone number called. Bell's proposed tariff on ADDs differs from the existing tariff in that restrictions would apply to:
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... any automatic equipment, including facsimile, which has the capability of storing telephone numbers to be called, or a random or sequential number generator capable of producing numbers to be called, and the capability, working alone or in conjunction with other equipment, to convey a message to the telephone number called.
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Bell proposes to exempt from the restrictions ADDs used for emergency purposes, such as those used by police, fire, utilities and other services to provide emergency announcements.
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Finally, Bell proposes that Business Trunk Line rates (Item 70.5) apply to the central office line or Centrex local to which an ADD is connected. In addition, such rates would apply to the central office line or Centrex local used by a telemarketer for commercial solicitation. Commercial solicitation would be deemed to occur when any business in the pursuit of commercial interests seeks to obtain new business.
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The Commission invites comment on Bell's application. Interested persons may also wish to comment in the proceeding initiated in Use of Automatic Dialing-Announcing Devices, Telecom Public Notice 93-58, 21 September 1993, and are referred to that document for instructions as to how to participate in that proceeding.
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II PROCEDURE
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1. The mailing addresses to be used in connection with this proceeding are:
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Mr. Allan J. Darling
Secretary General
CRTC
Ottawa, Ontario
K1A 0N2
Fax: 819-953-0795
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Mr. B.A. Courtois
Vice-President
(Law & Regulatory Affairs)
Bell Canada
6th Floor
105 Hôtel-de-Ville Street
Hull, Quebec
J8X 4H7
Fax: 819-778-3437
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2. Bell's application may be examined at any of its business offices or at the offices of the CRTC in the following locations:
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Room 201
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Hull, Quebec
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Suite 1920
Place Montréal Trust
1800 McGill College Avenue
Montréal, Quebec
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Suite 820
Standard Life Centre
121 King Street West
Toronto, Ontario
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A copy of the application may be obtained by any interested person upon request directed to Bell at the address noted in paragraph 1, above.
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3. Persons wishing to participate fully in this proceeding (interveners), receiving copies of Bell's responses to interrogatories, must file a notice of intention to participate with the Commission and serve a copy on Bell by 18 October 1993.
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4. Persons who wish merely to comment on the application may do so by writing to the Commission by 22 November 1993. A copy of any such comments is to be served on Bell by the same date.
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5. Interveners may address interrogatories to Bell. Any such interrogatories are to be filed with the Commission and served on Bell by 18 October 1993.
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6. Bell is to file responses to any interrogatories, serving copies on interveners, by 8 November 1993.
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7. Interveners may file comments with the Commission, serving a copy on Bell, 22 November 1993.
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8. Bell may file a reply to any comments, serving copies on interveners, by 6 December 1993.
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9. Where a document is to be filed or served by a specific date, the document must actually be received, not merely mailed, by that date.
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Allan J. Darling
Secretary General
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