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Ottawa, 7 December 1994
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Telecom Public Notice CRTC 94-56
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IMPLEMENTATION OF REGULATORY FRAMEWORK - STENTOR BROADBAND INITIATIVES AND CANADA/U.S. COST COMPARISONS
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In Implementation of Regulatory Framework - Split Rate Base, 1995 Contribution Charges, Broadband Initiatives and Related Matters, Telecom Public Notice CRTC 94-52, 1 November 1994 (Public Notice 94-52), the Commission initiated a proceeding to consider, among other things, (1) 1995 contribution charges, (2) the splitting of the rate bases of AGT Limited (AGT), BC TEL, Bell Canada (Bell), The Island Telephone Company Limited (Island Tel), Manitoba Telephone System (Manitoba Tel), Maritime Tel & Tel Limited (MT&T), The New Brunswick Telephone Company Limited (NBTel) and Newfoundland Telephone Company Limited (Newfoundland Tel), and (3) issues related to investment in broadband infrastructure by these companies.
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By letter dated 17 October 1994, Unitel Communications Inc. (Unitel) requested that the Commission include the issue of Canada/U.S.A toll cost comparisons in the proceeding initiated by Public Notice 94-52. Similarly, by letter dated 31 October 1994, Sprint Canada Inc. (Sprint) requested that the Commission also include related local costing information from United States local exchange carriers.
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By letter dated 11 November 1994, the Canadian Cable Television Association requested that the Commission hold an oral public hearing with respect to those issues related to the telephone companies' broadband initiatives.
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As noted in its letter to interested parties dated 30 November 1994, in light of these and other interventions from interested parties, and in order to facilitate a complete examination of the issues, the Commission will include in the proceeding initiated by Public Notice 94-52 an oral public hearing to consider both Canada/U.S. cost comparisons and the telephone companies' broadband initiatives. The other issues identified in Public Notice 94-52 will be addressed through written submissions. The Commission's decision in this proceeding will address all the issues originally identified in Public Notice 94-52, as well as issues related to Canada/U.S. cost comparisons.
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The oral public hearing is tentatively scheduled to take place from 8 May to 2 June 1995 in Hull, Quebec. The revised procedure applicable to the proceeding, which replaces the procedure contained in Public Notice 94-52, is set out below in its entirety.
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REVISED PROCEDURE
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1. AGT, Bell, BC TEL, Island Tel, MT&T, Manitoba Tel, NBTel, Newfoundland Tel (the telephone companies), ACC Long Distance Ltd., Cam-Net Communications Inc., fONOROLA Inc., Sprint, Smart Talk Network, Telroute Communications Inc., Unitel and Westel Telecommunications Ltd. (the entrants) are made party to this proceeding.
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2. As described in Part II of Public Notice 94-52, telephone companies and entrants are to file historical demand data, serving copies on each other, by 15 November 1994. Other parties are to be served with this information by 31 January 1995, consistent with paragraph 6, below.
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3. As described in Part II of Public Notice 94-52, the telephone companies were to file interim contribution rates, serving copies on each other and on entrants, by 1 December 1994. Other parties are to be served with this information by 31 January 1995, consistent with paragraph 6, below.
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4. Other parties 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 22 December 1994. The Commission will issue a complete list of parties and their mailing addresses.
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5. Unitel is to file evidence with respect to Canada/U.S. cost comparisons, serving copies on all parties, by 30 December 1994. Unitel's evidence is to address the concerns raised in Appendix B, Section B.6, of Stentor's final argument in the proceeding leading to Review of Regulatory Framework, Telecom Decision CRTC 94-19, 16 September 1994.
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6. By 31 January 1995, the telephone companies are to file and serve on parties all proposals and information required by Part II of Public Notice 94-52. The telephone companies may also make submissions with regard to Canada/U.S. cost comparisons. Other parties may file and serve, by the same date, evidence or any proposals they may have with regard to matters other than the telephone companies' broadband initiatives. (Parties may file written submissions with regard to broadband initiatives pursuant to paragraph 12, below.)
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As noted in Public Notice 94-52, those parties to whom the Commission has addressed interrogatories (by letter dated 1 November 1994) have been directed to file responses, serving copies on all parties, by 31 January 1995.
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7. Any party may address interrogatories to any party who files proposals and/or information pursuant to paragraphs 2, 3, 5 or 6, above. Any such interrogatories must be filed with the Commission and served on the party or parties in question by 20 February 1995.
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8. Responses to interrogatories addressed pursuant to paragraph 7 are to be filed with the Commission and served on all parties by 13 March 1995.
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9. 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 party or parties in question by 17 March 1995.
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10. Written responses to requests for further responses to interrogatories and for public disclosure must be filed with the Commission and served on the party making the request by 22 March 1995.
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11. The Commission will issue a determination with respect to requests for disclosure and for further responses as soon as possible. The Commission intends to direct that any information to be provided pursuant to that determination be filed with the Commission and served on all parties to the proceeding by 7 April 1995.
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12. Parties other than the telephone companies may file submissions with the Commission regarding the telephone companies' broadband initiatives. Any such submissions must be filed with the Commission and served on parties to the proceeding by 20 March 1995.
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13. Any party who intends to make a witness or witnesses available for the public hearing is to so indicate to the Commission and to other parties by 20 March 1995.
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14. Parties may address interrogatories to any party who files submissions pursuant to paragraph 12, above. Any such interrogatories must be filed with the Commission and served on the party or parties in question by 7 April 1995.
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15. Responses to interrogatories addressed pursuant to paragraph 14, above, are to be filed and served on all parties by 1 May 1995.
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16. An oral public hearing is scheduled to begin at 9:00 a.m. on 8 May 1995 in Hull, Quebec. This hearing will address only issues related to the telephone companies' broadband initiatives and the comparison of Canadian and U.S. toll costs. The Commission anticipates that it will hear oral argument on these issues at the hearing.
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17. All parties may file written comments with the Commission regarding those issues not being addressed at the oral public hearing (i.e., regarding the split rate base and 1995 contribution charges), serving copies on all other parties, by 26 May 1995.
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18. Telephone companies and entrants may file replies to any comments filed pursuant to paragraph 17, serving copies on all parties, by 2 June 1995.
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19. 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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20. The Commission will issue further directions with respect to the conduct of the oral public hearing.
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Allan J. Darling
Secretary General
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