ARCHIVED - Telecom Order CRTC 95-628
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Telecom Order |
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Ottawa, 30 May 1995
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Telecom Order CRTC 95-628
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IN THE MATTER OF an application by STN Inc. (STN) dated 2 May 1995, for
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contribution exemptions with respect to cross-border circuits obtainedfrom Unitel Communications Inc. and used for administrative, dedicated anddata traffic, as well as for unused bandwidth.
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WHEREAS STN requested interim approval on an expedited basis, back to the
date of installation for the contribution exemptions sought; |
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WHEREAS, with respect to dedicated circuits, STN stated that two DS-1
facilities have been dedicated to NetXchange Corporation and that these facilities were the subject of an earlier exemption application by NetXchange Corporation which resulted in final approval in Telecom Order CRTC 94-816; |
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WHEREAS STN also stated that International Telecommunications Services
Inc. (ITS), leases a DS-1 circuit and that this cross-border circuit is used exclusively for international transit traffic; |
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WHEREAS STN stated that although this DS-1 is included in the
Toronto-Buffalo DS-3 for billing purposes, it bypasses STN's switch and terminates at ITS' location; |
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WHEREAS STN stated that the auditor did not physically verify this
circuit, but filed with its application an affidavit from the customer attesting to the use of this circuit for international transit traffic; |
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WHEREAS STN noted that the data circuits in question are the signalling
channels between STN's Toronto switch, other switches, and Signal Transfer Points and are assigned exclusively for signalling purposes; |
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WHEREAS STN submitted that the DMS-250 configuration records confirmed
that the circuits reported as of March 1995 are signalling channels; |
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WHEREAS STN stated that the unused bandwidth classification covers
circuits in the joint-use voice route which were not required to carry traffic, and spare DS-1 facilities that were available, but not configured, to carry traffic in the reporting month; |
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WHEREAS the Commission has, in the past, granted an exemption for
administrative circuits back to the date of installation provided that the quantities are reasonable; |
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WHEREAS the Commission notes that the number of STN's administrative
circuits reported for each month varies substantially over the 15 month period between January 1994 and March 1995 on the Toronto-Buffalo route; |
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WHEREAS the Commission also notes that STN did not include with its
application circuit tables for the Toronto-Buffalo route filed that would indicate quantities for the period 14 June 1993 (the purported installation date) to 1 January 1994; |
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WHEREAS the Commission notes that pursuant to Applications for
Contribution Exemptions Telecom Decision CRTC 93-2 dated 1 April 1993, interim approval is available where exemptions can be found on a prima facie basis to be warranted; |
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WHEREAS the Commission is unable to determine whether the administrative
circuit quantities are reasonable based on the evidence; |
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WHEREAS, with respect to circuits for dedicated and data traffic, and with
respect to unused bandwidth, the Commission notes that STN has provided no evidence in the application to justify contribution exemption for the period between the date of installation and the date of application, a period of up to two years in retrospect; |
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WHEREAS the Commission notes that the technical audit purports to verify a
configuration that is approximately two years old; |
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WHEREAS the Commission is of the view that STN has correctly classified
the signalling channels as data channels; and |
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WHEREAS the Commission finds that STN has provided prima facie evidence to
justify exemption for the dedicated, data, and unused bandwidth circuits on a going forward basis from the date of the application - |
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IT IS ORDERED THAT:
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1. For dedicated and data traffic and unused bandwidth circuits, interim approval is granted effective the date of the application.
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2. With respect to all other configurations interim approval is denied.
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Allan J. Darling
Secretary General |
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