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Ottawa, 23 December 1993
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Telecom Public Notice CRTC 93-69
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TELESAT CANADA - FORBEARANCE FOR DIGITAL VIDEO COMPRESSION SERVICES
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On 5 October 1993, Telesat Canada (Telesat) filed an application, pursuant to section 14 of the Telesat Canada Reorganization and Divestiture Act (the Telesat Reorganization Act), seeking forbearance by the Commission with respect to the provision of Digital Video Compression (DVC) Services.
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Specifically, Telesat requested (1) the detariffing of its Special Assembly Tariff 8380 for DVC Services and the ability to provide similar services to other customers without the requirement of filing tariffs or obtaining prior specific approval from the Commission, and (2) relief from various sections of the Railway Act ensuring just and reasonable tolls, rates or charges, and ensuring against unjust discrimination or undue or unreasonable preference, advantage, prejudice or disadvantage.
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On 25 October 1993, the Telecommunications Act (the Act) came into force. The Act repealed, among other things, section 14 of the Telesat Reorganization Act and various sections of the Railway Act. However, it contains requirements similar to those from which Telesat seeks relief. In addition, section 34 of the Act is a forbearance provision, empowering the Commission, in the circumstances enumerated therein, to make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of certain of its powers or the performance of certain of its duties in relation to a telecommunications service or class of services provided by a Canadian carrier.
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The Commission considers it appropriate to treat Telesat's application as a request for forbearance pursuant to section 34 of the Act. Accordingly, the Commission seeks comment on the following:
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(1) whether the Commission should forbear from the exercise of its powers or the performance of its duties in connection with DVC Services provided by Telesat;
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(2) if so, which of the powers and duties set forth in section 34 of the Act should the Commission refrain from exercising or performing; and
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(3) for each power or duty, whether the Commission should refrain in whole or in part, and conditionally or unconditionally.
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Procedure
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1. The application may be examined at Telesat's business office, 1601 Telesat Court, Gloucester, Ontario, 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 1007
Bank of Commerce Building
1809 Barrington Street
Halifax, Nova Scotia
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Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
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Standard Life Centre
Suite 820
121 King Street West
Toronto, Ontario
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Suite 1810
275 Portage Avenue
Winnipeg, Manitoba
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Suite 1380
800 Burrard Street
Vancouver, British Columbia
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A copy of the application may be obtained by any interested person upon request directed to Telesat at the address noted below.
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2. 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. Chris Frank Manager
Regulatory and Governmental Affairs
Telesat Canada
1601 Telesat Court
Gloucester, Ontario
K1B 5P4
Fax: 613-748-8712
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3. Interested parties may file comments with the Commission, serving a copy on Telesat, by 20 January 1994.
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4. Telesat may file reply comments with the Commission, serving copies on interested parties, by 3 February 1994.
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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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