ARCHIVED -  Telecom Public Notice CRTC 95-18

Telecom Public Notice

Ottawa, 13 April 1995

Telecom Public Notice CRTC 95-18

NBTEL - FORBEARANCE FROM REGULATION OF DIGITAL BROADBAND SERVICE

I BACKGROUND

On 6 March 1995, The New Brunswick Telephone Company Limited (NBTel) filed an application, pursuant to section 34 of the Telecommunications Act (the Act), requesting that the Commission forbear from regulation with respect to the company's Digital Broadband Service (DBS). NBTel states that DBS is a data network service that provides high speed Local Area Network (LAN) communications making use of asynchronous transfer mode technology.

In its application, NBTel states that it generally concurs with the evidence presented by Bell Canada (Bell) in that company's application in the proceeding established in Bell Canada - Forbearance from Regulation of LAN Internetworking Service, Telecom Public Notice CRTC 95-6, 7 February 1995 (Public Notice 95-6), dealing with Bell's request for forbearance with respect to the regulation of its proposed LAN Internetworking Service. NBTel also submits that its participation in the proceeding established in Public Notice 95-6, and the Commission's consideration of issues associated with forbearance with respect to NBTel's LAN service, should not in any way prejudice Bell's application for forbearance.

NBTel considers that much of the information presented in Bell's application applies equally to NBTel's DBS. The company adds that, on certain issues, it is presenting its own evidence to support its application; however, failure on NBTel's part to acknowledge any specific issues indicates its concurrence with Bell with regard to those items. In order to allow Bell's application to proceed according to the schedule established in Public Notice 95-6, NBTel requests that the Commission issue specific procedural directions that would apply only to its application.

The Commission seeks comment regarding the appropriateness of forbearing pursuant to section 34 of the Act with respect to NBTel's DBS. The Commission considers it more expeditious to deal with NBTel's application in a proceeding separate from that dealing with Bell's application. However, the Commission will regard Bell's application of 23 December 1994 as having been incorporated into NBTel's application on the record of the proceeding established in this Public Notice.

Section 34 of the Act states as follows:

34.(1) The Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives.

(2) Where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services.

(3) The Commission shall not make a determination to refrain ... if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services.

NBTel requests that the Commission refrain from exercising all powers and performing all duties under all of the sections noted in section 34. Those sections can be summarized as follows:

(1) section 24: the offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission;

(2) section 25: among other things, no Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission, specifying the rate or the maximum or minimum rate, or both, to be charged;

(3) section 27: among other things, every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable, and the Canadian carrier shall not unjustly discriminate or give an undue or unreasonable preference in relation to the provision of a telecommunications service or the charging of a rate for it;

(4) section 29: no Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting the interchange of telecommunications, the management or operation of facilities or the apportionment of rates or revenues; and

(5) section 31: no limitation of a Canadian carrier's liability in respect of a telecommunications service is effective unless it has been authorized or prescribed by the Commission.

The Commission notes that, in Review of Regulatory Framework, Telecom Decision CRTC 94-19, 16 September 1994, it detailed the factors that it will consider when assessing whether a particular market is sufficiently competitive for the Commission to refrain from regulation. Parties are requested to address these factors in their submissions.

II PROCEDURE

1. NBTel's application (including Bell's application of 23 December 1994) may be examined at any of NBTel's business offices or at the offices of the CRTC, Room 201, Central Building, Les Terrasses de la Chaudière, 1 Promenade du Portage, Hull, Quebec, or Suite 1007, Bank of Commerce Building, 1809 Barrington Street, Halifax, Nova Scotia. A copy of NBTel's application (including Bell's application) may be obtained by any interested person upon request directed to NBTel at the address noted below.

2. The mailing addresses to be used in this proceeding are:

Mr. Allan J. Darling
Secretary General
CRTC
Ottawa, Ontario
K1A 0N2
Fax: 819-953-0795

Mr. Steve J. Palmer
Manager
Pricing and Regulatory Matters
The New Brunswick Telephone Company Limited
One Brunswick Square (BS19)
P.O. Box 1430
Saint John, New Brunswick
E2L 4K2
Fax: 506-694-2473

3. Persons wishing to comment with regard to NBTel's application (interveners) may do so by writing to the Commission at the address noted above by 18 May 1995. A copy is to be served on NBTel at the address noted above by the same date.

4. NBTel may file a reply to any comments, serving copies on interveners, by 8 June 1995.

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.

Allan J. Darling
Secretary General