ARCHIVED - Telecom Order CRTC 95-1064
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Ottawa, 28 September 1995
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Telecom Order CRTC 95-1064
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IN THE MATTER OF applications by six Centrex resellers to vary the effective date of certain exemptions from contribution in Telecom Orders CRTC 95-481 dated 20 April 1995 (Order 95-481) and CRTC 95-519 dated 27 April 1995 (Order 95-519), so as to grant the exemptions in question effective either the date of installation or the date on which the reseller applied for the exemption.
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WHEREAS on 16 May 1995, Ditell Consultants Inc. (DCI) requested that Order 95-519 be varied to allow for an exemption from 12 August 1994 forward;
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WHEREAS DCI argued that it was unaware that contribution was payable until 30 November 1994, when it was billed by Bell Canada (Bell) for contribution charges commencing 12 August 1994, the date of installation;
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WHEREAS DCI applied for an exemption on 30 December 1994;
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WHEREAS, on 19 May 1995, New Wave Tele-Communications Ltd. (New Wave), requested a variance of the effective date of an exemption granted in Order 95-519 to the date of installation of the circuits, 12 April 1995;
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WHEREAS New Wave filed an application on 6 February 1995;
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WHEREAS on 18 July 1995, Distributel Communications Limited (Distributel) requested a variance of the effective date of an exemption granted in Order 95-481 to the date of its application, 18 November 1994;
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WHEREAS on 9 May 1995, Pacifictel Communications requested a variance of the effective date of an exemption granted in Order 95-481 to the date of its application, 15 December 1994;
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WHEREAS on 18 May 1995, Real-Tel Network Inc., requested a variance of the effective date of an exemption granted in Order 95-481 to the date of its application, 2 February 1995;
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WHEREAS on 23 May 1995, Rebel Communications requested a variance of the effective date of an exemption granted in Order 95-481 to the date of its application, 5 October 1994;
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WHEREAS, on 31 May 1995, Bell submitted that an effective date that coincides with the date of installation would not be appropriate if it precedes the date of application;
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WHEREAS, by letter dated 18 August 1995, Bell indicated that it did not oppose Distributel's request;
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WHEREAS in Telecom Order CRTC 95-572 dated 18 May 1995 (Order 95-572), the Commission found that there was substantial doubt as to the correctness of Telecom Order CRTC 94-874 dated 27 July 1994 (Order 94-874), which had granted NeXus Telecom (Nexus) a contribution exemption effective the date of the Order, and varied the Order so as to make the exemption effective the date of installation of the circuits in question;
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WHEREAS in doing so, the Commission noted that making the exemption in question effective only from the date of the Order forward resulted in NeXus being prejudiced by both the comment process and the amount of time taken for the Commission to process the application;
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WHEREAS in Effective Date of Contribution Exemptions, Telecom Public Notice CRTC 95-26, 12 June 1995 (Public Notice 95-26), the Commission announced that, effective immediately, contribution exemptions would generally be granted effective the later of the date of the application or the date of installation of the circuits in question;
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WHEREAS the Commission considers that although DCI bears responsibility for understanding its obligations, had DCI been billed sooner by Bell, it is reasonable to assume DCI would have applied sooner for an exemption -
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IT IS ORDERED THAT:
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1. Order 95-481 is varied so as to provide contribution exemptions with the following effective dates:
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a) Ditell Consultants Inc. (12 August 1994).
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b) New Wave Tele-Communications Ltd. (12 April 1995).
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2. Order 95-519 is varied so as to provide contribution exemptions with the following effective dates:
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a) Distributel Communications Limited (18 November 1994).
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b) Pacifictel Communications (15 December 1994).
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c) Real-Tel Network Inc. (2 February 1995).
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d) Rebel Communications (5 October 1994).
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Allan J. Darling
Secretary General |
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- Date modified: