ARCHIVED -  Telecom Order CRTC 95-1066

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Telecom Order

Ottawa, 28 September 1995
Telecom Order CRTC 95-1066
IN THE MATTER OF an application by CTX Telecommunications Inc. (CTX) dated 25 April 1995 to review and vary Telecom Order CRTC 95-481, 20 April 1995 (Order 95-481), pursuant to section 62 of the Telecommunications Act.
WHEREAS on 9 September 1994, CTX applied for an exemption from contribution charges for certain Centrex circuits that it was reselling to provide single-hop EAS resale, in accordance with Telecom Decision CRTC 91-6;
WHEREAS the application was supported by a signed affidavit that was not sworn before a Commissioner of Oaths, as required;
WHEREAS the applicant was contacted by Commission staff on two occasions and advised that a properly executed affidavit would be required;
WHEREAS nothing further was received from CTX and the application was denied in Order 95-481;
WHEREAS on 25 April 1995, CTX provided the Commission with an executed affidavit, sworn on 27 January 1995, which CTX indicated was somehow overlooked and/or misplaced;
WHEREAS by letter dated 3 May 1995, Bell Canada noted that the 27 January 1995 affidavit appeared to meet the evidence requirements established by the Commission, and indicated that it did not object to the requested exemption;
WHEREAS the Commission considers that the 27 January 1995 affidavit satisfies the evidentiary requirements established by the Commission in Applications for Contribution Exemptions, Telecom Decision CRTC 93-2;
WHEREAS the Commission considers that the failure to submit the 27 January affidavit prior to Order 95-481 was the result of an oversight; and
WHEREAS the Commission accordingly considers there to be substantial doubt as to the correctness of Order 95-481 -
IT IS ORDERED THAT:
Order 95-481 is varied to grant CTX an exemption from contribution effective 7 September 1994.
Allan J. Darling
Secretary General

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