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Ottawa, 26 January 1994
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Telecom Public Notice CRTC 94-6
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TELESAT CANADA - FORBEARANCE FOR THE SALE OF EARTH STATION EQUIPMENT
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On 31 August 1993, the Commission issued Forbearance - Sale of Terminal Equipment by Canadian Carriers, Telecom Public Notice CRTC 93-57 (Public Notice 93-57), inviting comment on (1) whether the sale of terminal equipment by a Canadian carrier would constitute the provision of a telecommunications service within the meaning of the new Telecommunications Act (the Act), and (2) its proposal pursuant to section 34 of the Act to refrain from the exercise of its powers and the performance of its duties under sections 24, 25 and 31 and subsections 27(1), (5) and (6) in relation to the sale of new and in-place terminal equipment by Canadian carriers.
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Telesat Canada (Telesat) filed comments, dated 5 October and 20 October 1993, submitting that earth station equipment offered for sale to the public falls within the category of terminal equipment and should be included in the proceeding initiated by Public Notice 93-57. Telesat submitted that the market conditions exist to successfully allow forbearance for the sale of earth station equipment. Telesat noted that the Federal Government's liberalization of earth station ownership in 1986 opened the market to greater competition by allowing earth station vendors to operate, and to do so on an unregulated basis. Further, Telesat stated that its position in the market for the sale of earth station equipment is nondominant, noting that, of the total number of earth stations licensed in Canada in 1992, it holds less than 25%.
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The Commission's intent in initiating the Public Notice 93-57 proceeding was to examine the appropriateness of forbearance in relation to the sale, by the telephone companies, of new and in-place terminal equipment. In the Commission's view, it would be more appropriate to examine the matter of forbearance in relation to Telesat's sale of earth station equipment in a separate proceeding. Accordingly, the Commission seeks comment on the following:
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(1) whether, pursuant to section 34 of the Act, the Commission should forbear from the exercise of powers or the performance of duties in relation to the sale of earth station equipment 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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Telesat's comments in the proceeding initiated by Public Notice 93-57 are made part of the record of this proceeding.
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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. Chris Frank
Manager
Regulatory and Governmental Affairs
Telesat Canada
1601 Telesat Court
Gloucester, Ontario
K1B 5P4
Fax: 613-748-8712
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2. The record of the proceeding may be examined at Telesat's business office at the address noted above 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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Suite 1920
Place Montréal Trust
1800 McGill College Avenue
Montreal, 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 Telesat's comments may be obtained by any interested person upon request directed to the company at the address noted in paragraph 1.
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3. Persons wishing to file comments in this proceeding (interveners) may do so by writing to the Commission, serving copies on Telesat, by 25 February 1994.
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4. Telesat may file reply comments with the Commission, serving copies on interveners, by 11 March 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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