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Ottawa, 14 January 1994
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Telecom Public Notice CRTC 94-3
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PROVISION OF DIRECTORY DATABASE INFORMATION
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I BACKGROUND
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In Bell Canada - Provision of Telephone Directory Database Information in Machine-Readable Form, Telecom Decision CRTC 90-12, 14 June 1990 (Decision 90-12), the Commission concluded that the benefits of providing non-confidential non-residential listing information in machine-readable form pursuant to a general tariff would outweigh any associated disadvantages. However, based on concerns related to subscriber privacy, the Commission was not persuaded that the similar provision of residential directory database information would be in the public interest.
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In Bell Canada - Directory File Service, Telecom Decision CRTC 92-1, 3 March 1992 (Decision 92-1), the Commission approved, subject to certain amendments, the provision of Directory File Service by Bell Canada (Bell). Under this service, Bell makes available, in machine-readable form, a master file and monthly update files containing raw information, free of any sort or classification, with respect to customers listed and to be listed in its non-residential directories.
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On 12 June 1992, the Commission issued Competition in the Provision of Public Long Distance Voice Telephone Services and Related Resale and Sharing Issues, Telecom Decision CRTC 92-12 (Decision 92-12), permitting facilities-based competition in the message toll service market. While the Commission considered that an open marketplace would likely increase the benefits of competition, it was concerned that consumers be protected from any abuses that might arise with open entry. Accordingly, the Commission imposed certain restrictions on the activities of interexchange carriers (IXCs) related to pay telephones and operator services and on access to the billing and collection services of the telephone companies and related databases.
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In Access to Billing and Collection Services and Related Databases, Telecom Public Notice CRTC 93-70, 30 December 1993, the Commission initiated a proceeding to address issues related to access to telephone company billing and collection services, and related databases, by resellers that have trunk-side access, but are not subject to regulation by the Commission.
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In Decision 92-12, the Commission directed each of the respondent telephone companies to negotiate the details of specific information exchanges and reports, such as the supply of weekly reports on all new subscribers and on subscribers changing their addresses. On 28 January 1993, Bell filed Tariff Notice 4683, proposing tariff revisions governing the provision of Customer Information Reports in a machine-readable format consistent with the Bellcore Customer Account Record Exchange (CARE) standard. Bell included several consumer safeguards in its service offering. Specifically, in order to protect customer privacy, Bell included contract provisions stating that: (1) the IXC will not use the provided information for the purposes of telemarketing when subscriber-requested privacy is indicated by a privacy code, and (2) information about subscribers with non-published numbers will be excluded from the reports.
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Under Tariff Notice 4683, Bell proposed to provide reports pertaining to all of its operating territory, as well as weekly reports tailored to specific geographic areas defined by Numbering Plan Area (NPA) or NXX codes, depending on the preference of the IXC. In Telecom Order CRTC 93-928, 22 October 1993, the Commission directed Bell to file revised proposed tariffs consistent with certain findings made in the Order. Bell filed its revised proposed tariffs on 20 December 1993, under Tariff Notice 5030.
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In Telecom Order CRTC 93-490, 22 June 1993 (Order 93-490), and in Telecom Order CRTC 93-685, 11 August 1993 (Order 93-685), the Commission approved revisions to the Directory Assistance tariffs of AGT Limited (AGT), Bell, BC TEL, The Island Telephone Company Limited (Island Tel) and Maritime Telegraph & Telephone Company Limited (MT&T). In the proceedings that led to those orders, Rogers Cantel Inc. (Cantel) requested real-time access to the companies' databases of residential and business telephone numbers, in order to provide directory assistance services directly to its cellular telephone customers. Cantel noted that subscribers to Bell's Alex Service have real-time access to such databases. In Orders 93-490 and 93-685, the Commission stated that Cantel's request should be considered in a separate proceeding relating generally to access to the telephone companies' databases.
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On 3 November 1993, White Directory of Canada Inc. (White Directory) filed an application requesting that the Commission review and vary Decisions 90-12 and 92-1. Specifically, White Directory requested that the Commission direct Bell to:
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(1) make non-confidential residential listing information available in machine-readable form for use in the publication of telephone directories in competition with those of Tele-Direct;
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(2) make non-confidential residential and non-residential listing information available, on request, in machine-readable form on a telephone exchange basis;
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(3) revise the rates for basic listings and updates to reflect the incremental cost of providing residential and non-residential listing information, plus a reasonable profit.
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By letter dated 1 December 1993, Bell submitted that a public notice should be issued with respect to White Directory's application. White Directory filed further comments by letter dated 15 December 1993. Having reviewed the submissions of White Directory and Bell, the Commission considers it appropriate to dispose of White Directory's application in the proceeding initiated in this Public Notice.
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II ISSUES
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In light of the above, the Commission requests comment on:
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(1) whether AGT, BC TEL, Bell, Island Tel, MT&T, The New Brunswick Telephone Company Limited and Newfoundland Telephone Company Limited (the telephone companies) should be required to make the following information generally available, in machine-readable form, on a periodic basis:
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(a) non-confidential non-residential listing information, including information unbundled by geographic region; and
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(b) non-confidential residential listing information, including information unbundled by geographic region;
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(2) the terms and conditions that should govern the provision of the above information, including any consumer protection safeguards that should apply to access to the information by (a) Canadian carriers, as defined in the Telecommunications Act, with approved Terms of Service, and (b) other customers;
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(3) any additional issues raised by White Directory's application of 3 November 1993.
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(4) whether the telephone companies should be required to provide electronic access to cellular service providers and/or other Canadian carriers as defined in the Telecommunications Act, on a real-time basis, so that such carriers could provide directory assistance services directly to their customers, and any terms and conditions that should apply to that access;
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(5) possible amendments to the Terms of Service of the telephone companies and of other Canadian carriers, and in particular to those Terms governing the confidentiality of customer records, that may be required as a result of the provision of access to telephone company directory database information; and
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(6) the appropriate level and structure of rates for the provision of the database access services in general.
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III PROCEDURE
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1. The telephone companies, Cantel and White Directory are made parties to this proceeding. White Directory's application of 3 November 1993 is made part of the record of this proceeding.
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2. Other persons wishing to participate in this proceeding must notify the Commission of their intention to do so by writing to Mr. Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: 819-953-0795, by 11 February 1994. The Commission will issue a complete list of parties and their mailing addresses.
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3. The telephone companies are to file initial submissions with the Commission, setting out their respective positions on the issues raised in this Public Notice, including any specific proposals, together with supporting information. All such submissions must be filed with the Commission and served on other parties by 25 February 1994.
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4. Parties may address interrogatories to the telephone companies. Any such interrogatories must be filed with the Commission and served on the telephone company in question by 25 March 1994.
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5. The telephone companies are to file responses to any interrogatories with the Commission, serving copies on all other parties, by 22 April 1994.
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6. Requests by parties for further responses to their interrogatories, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out the reasons for disclosure, must be filed with the Commission and served on the telephone company in question by 2 May 1994.
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7. Replies to requests for further response to interrogatories and for public disclosure must be filed with the Commission and served on other parties by 12 May 1994.
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8. Parties other than the telephone companies may file comments with the Commission, serving copies on all other parties, by 9 June 1994.
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9. The telephone companies may file reply comments with the Commission, serving copies on all other parties, by 23 June 1994.
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10. 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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