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Telecom Order
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Ottawa, 12 September 1994
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Telecom Order CRTC 94-1073
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IN THE MATTER OF the Commission's proposal with respect to conditions associated with the use of automatic dialing-announcing devices (ADADs) to make unsolicited calls for purposes other than "solicitation" as defined in Telecom Decision CRTC 94-10, Use of Telephone Company Facilities for the Provision of Unsolicited Telecommunications, 13 June 1994 (Decision 94-10) (permitted unsolicited ADAD calls).
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WHEREAS, in Decision 94-10, the Commission prohibited the use of ADADs to make unsolicited calls for the purpose of solicitation, and proposed that various conditions would apply to the use of ADADs to make permitted unsolicited calls in the territories of AGT Limited (AGT), BC TEL, Bell Canada (Bell), Island Telephone Company Limited (Island Tel), Maritime Tel & Tel Limited (MT&T), The New Brunswick Telephone Company, Limited (NBTel), Newfoundland Telephone Company Limited (Newfoundland Tel) and Northwestel Inc. (Northwestel);
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WHEREAS, in Decision 94-10, the Commission set out a process by which interested parties could comment and reply on the Commission's proposed conditions;
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WHEREAS, in Decision 94-10, the Commission directed Manitoba Telephone System (MTS) to comment on the appropriateness of the proposed conditions for its territory;
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WHEREAS the Commission received comments from BC TEL, the Nova Scotia Minister of the Department of Housing and Consumer Affairs and TeleResearch Inc.;
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WHEREAS AGT, Bell, Island Tel, MT&T, NBTel, Newfoundland Telephone and Northwestel filed proposed tariffs reflecting the Commission's proposed conditions for permitted unsolicited ADAD calls as AGT Revision No. 90, Bell Tariff Notice 5238, Island Tel Tariff Notice 337, MT&T Tariff Notice 468, NBTel Tariff Notice 373, Newfoundland Telephone Tariff Notice 391 and Northwestel Tariff Notice 490, respectively;
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WHEREAS the Commission considers reasonable TeleResearch Inc.'s request that survey research firms not be required to reveal the identity of the client on whose behalf the survey is being conducted in light of the possible prejudice to the survey results which might ensue, and the Commission finds that its proposed condition with respect to caller identifcation should be amended to provide that, where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must comply with the caller identification and message requirements;
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WHEREAS the Commission notes that the proposed tariffs filed by AGT, Island Tel, MT&T, and Northwestel include a requirement that the ADAD user advise the telephone company of the proposed ADAD attachment (providing details on, for example, the estimated volume of calls), and further propose that the company may refuse to permit the attachment where it believes network congestion would result, or may terminate service where congestion has resulted;
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WHEREAS the Commission notes that these rules are similar in content to those which were in place when ADADs were used for the purpose of solicitation, that the Commission is not aware of problems arising from the absence of such rules where ADADs are not used for solicitation, that such rules were not included in the proposed conditions set out in Decision 94-10, and that the telephone companies' Terms of Service contain provisions that allow them to suspend or terminate service where a customer uses or permits others to use services so as to prevent fair and proportionate use by others;
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WHEREAS the Commission notes, with respect to BC TEL's request for clarification as to how compliance with the proposed restriction on random dialing would be ensured, that complaints are the primary mechanism which will bring tariff violations to the Commission's attention, and further notes that the onus is on the person placing the permitted unsolicited ADAD calls to ensure that the calls they make are in compliance with the relevant restrictions;
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WHEREAS the Commission notes BC TEL's request that it be allowed to notify customers of the new rules relating to ADADs through its quarterly "Dialogue" newsletter, instead of through a billing insert, and further notes that the "Dialogue" newsletter is sent only to residential subscribers;
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WHEREAS MTS submitted that the restrictions proposed with respect to permitted unsolicited ADAD calls are appropriate for MTS;
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WHEREAS the Commission notes that, although MTS current tariff prohibits the use of ADADs for solicitation purposes, that tariff does not define "solicitation";
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WHEREAS the Commission notes that MTS' existing tariff does contain notification and disconnection provisions with respect to ADADs used for non-solicitation purposes which are attached to its network; and
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WHEREAS the Commmission considers that, as these provisions are currently in place in MTS territory, MTS should not be required to remove them from its tariff -
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IT IS HEREBY ORDERED THAT:
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1. AGT Revision No. 90 is approved, subject to the following changes: in Item 200.1.6, replace the word "unwanted" with "unsolicited; add, at the beginning of Item 200.1.8.e: "Unless otherwise provided by law,"; amend Item 200.1.a to read: "Calls may not be placed to emergency lines or healthcare facilities."; at the end of Item 200.1.c add, as a separate paragraph, "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; delete Item 200.1.1 and 200.1.2 (which require that an ADAD user advise of the attachment/AGT may refuse if network congestion will result); and move Item 200.1.7 so that it becomes a separately lettered paragraph of Item 200.8.
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2. Bell Tariff Notice 5238 is approved, subject to the following changes: add at the beginning of Item 1800.1(b)(2): "Unless otherwise provided by law,"; and add at the end of Item 1800.1(b)(3), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section.".
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3. Island Telephone Tariff Notice 337 is approved, subject to the following changes: delete Items 1815 (b) and (c) (which deal with ADAD attachment/network congestion); amend Item 1815(d) to read: "The use of ADADs to make unsolicited calls for purposes other than solicitation (referred to as permitted unsolicited ADAD calls) are subject to the following conditions. These conditions do not apply to calls made for public service reasons including calls made for emergency and administration purposes by police and fire departments, schools, hospitals or similar organizations."; amend Item 1815(e) to read: "Unless otherwise provided by law, permitted unsolicited ADAD calls may be placed between 9:30 a.m. and 8 p.m. Monday to Friday, between 10:30 a.m. and 5 p.m. Saturday and between 12 p.m and 5 p.m. Sunday."; add as a separate paragraph after Item 1815(f)(ii), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; amend the first sentence of Item 1815(f)(iii) to read: "Permitted unsolicited ADAD calls are required to display the originating calling number, or an alternate number at which the call originator can be reached, except where number display is unavailable for technical reasons."; amend Item 1815(g) by adding "permitted" before "unsolicited ADAD calls", and deleting the first phrase "are made to emergency calls", and by adding "Sequential dialing is prohibited."; and amend Item 1815(h) by replacing "Callers using ADADs" with "Callers making permitted unsolicited ADAD calls".
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4. MT&T Tariff Notice 468 is approved, subject to the following changes: delete Items 3115 (b) and (c) (which deal with attachment/congestion); amend Item 3115(d) to read: "The use of ADADs to make unsolicited calls for purposes other than solicitation (referred to as permitted unsolicited ADAD calls) are subject to the following conditions. These conditions do not apply to calls made for public service reasons including calls made for emergency and administration purposes by police and fire departments, schools, hospitals or similar organizations."; amend Item 3115(e) to read: "Unless otherwise provided by law, permitted unsolicited ADAD calls may be placed between 9:30 a.m. and 8 p.m. Monday to Friday, between 10:30 a.m. and 5 p.m. Saturday and between 12 p.m and 5 p.m. Sunday."; add as a separate paragraph after Item 3115(f)(ii), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; amend the first sentence of Item 3115(f)(iii) to read: "Permitted unsolicited ADAD calls are required to display the originating calling number, or an alternate number at which the call originator can be reached, except where number display is unavailable for technical reasons."; amend Item 3115(g) be adding "permitted" before "unsolicited ADAD calls", and deleting the first phrase "are made to emergency calls", and by adding "Sequential dialing is prohibited."; and amend Item 3115(h) by replacing "Callers using ADADs" with "Callers making permitted unsolicited ADAD calls".
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5. NBTel Tariff Notice 373 is approved, subject to the following changes: amend Rule 65 (a) by adding "may be" after ADADs; and add at the beginning of Rule 65(b): "Unless otherwise provided by law,"; add at the end of Rule 65(c), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; and amend the first sentence of Rule 65(e) to read: "Calls may not be placed to emergency lines or healthcare facilities."
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6. Newfoundland Tariff Notice 391 is approved, subject to the following changes: add at the beginning of Item 380.2.18(d): "Unless otherwise provided by law,"; add at the end of Item 380.2(f), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; and amend Item 380.2.18.(h) to read: "Calls may not be placed to emergency lines or healthcare facilities."
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7. Northwestel Tariff Notice 490 is approved, subject to the following changes: delete Items 1306.3(l)(a) and (b) (ADAD attachment/network congestion rules), add at the end of Item 1306.3(d), "Where the person making the call is conducting a survey on behalf of a client, either the survey research organization or the client on whose behalf the call is made must be identified in accordance with the requirements of this section."; and amend Item 1306.3(g) to read: "Calls may not be placed to emergency lines or healthcare facilities.".
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8. BC TEL is directed to file forthwith proposed tariffs reflecting the Commission's decisions in this Order with respect to the conditions associated with permitted unsolicited ADAD calls.
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9. MTS is directed to file forthwith proposed tariffs incorporating the Commission's determinations with respect to the conditions associated with permitted unsolicited ADAD calls in this Order as well as the definition of "solicitation" contained in Decision 94-10.
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10. The telephone companies are directed to notify their residential and business subscribers by means of a billing insert or other written communication sent to all subscribers within 3 months of this Order of the Commission's determinations in Decision 94-10 respecting prohibition on the use of ADADs to make unsolicited calls for the purpose of solicitation, the conditions under which unsolicited ADAD calls made be made for other purposes and, in the case of Bell, of the conditions associated with unsolicited live voice and fascimile calls made for the purpose of solicitation. The Commission further directs that, in the normal cycle of directory publications, all applicable rules be included in the introductory pages of the directories provided by the telephone companies.
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Allan Darling
Secretary General
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