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ARCHIVED -  Telecom Order CRTC 96-1382

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Telecom Order

Ottawa, 28 November 1996
Telecom Order CRTC 96-1382
IN THE MATTER OF an application by Niagara Telecomm (Niagara) dated 13 November 1995, for exemption from contribution charges for two Centrex systems in the St. Catharines exchange (905-682 and 905-685) used to provide administrative, single-hop and double-hop services.
Reference: 95-1293
WHEREAS, in Telecom Order CRTC 96-507 dated 29 May 1996 (Order 96-507), Niagara was granted interim approval for contribution exemption and required to conduct a technical audit of the two Centrex systems to verify the usage and separation of the administrative, single-hop and double-hop services;
WHEREAS, by letter dated 6 August 1996, Niagara requested a delay in the provision of the technical audit until 19 August 1996;
WHEREAS, by letters dated 16 August 1996 and 11 September 1996, Niagara provided a technical audit report (audit report) and an addendum to the technical audit (addendum report);
WHEREAS, by letter dated 19 September 1996, and later clarified by letter dated 7 October 1996, Bell Canada (Bell) stated that in the audit report the auditor notes that the technical audit applies to one Centrex system (905-685) which was transferred to another reseller, Advanced Network, on 25 January 1996;
WHEREAS Bell also noted that in the addendum report the auditor has advised that another audit has been conducted on behalf of Advanced Network for this system after 25 January 1996 and that this audit will be submitted shortly;
WHEREAS, accordingly, Bell submitted that this exemption request applies to one Centrex system (905-682) and associated administrative lines from the date of installation forward and to another Centrex system (905-685) from the date of application until it was transferred to another company on 25 January 1996;
WHEREAS Bell agreed that the auditor's findings have verified the usage and separation of administrative, single-hop and double-hop services;
WHEREAS Bell noted that the auditor has not verified that appropriate ongoing audit control procedures are in place to ensure the continued compliance of the configuration;
WHEREAS Bell noted that, however, the auditor has recommended to Niagara that it implement a procedure, consistent with Bell's recommendations, whereby a monthly configuration verification report is prepared by a switch technician and confirmed with final sign-off by an officer of Niagara;
WHEREAS Bell stated that this verification report would verify that the configuration continues to comply with the conditions under which the contribution exemption is granted;
WHEREAS Bell stated that the report would be kept on file for future inspection or audit;
WHEREAS Bell stated that this procedure should also include the preparation of internal documentation describing the control procedure and the rationale why Niagara must ensure compliance with the Commission's regulations on an ongoing basis;
WHEREAS Bell stated that the auditor also reports that Niagara's management appears to be in agreement with the auditor's proposed control procedure and has undertaken to implement it;
WHEREAS, however, Bell noted that it is not aware whether Niagara has confirmed with the Commission that the appropriate control procedures have been implemented;
WHEREAS in this respect, Bell also submitted that in cases where ongoing compliance is dependent upon accurate software programming, as it is in this case, the option to conduct future random audits continues to be an appropriate mechanism to ensure future compliance;
WHEREAS in light of the above, Bell agreed that final approval of a contribution exemption for Centrex systems and associated administrative lines in each of the St. Catharines (905-685) and (905-682) exchanges appears to be warranted;
WHEREAS Bell submitted that such approval should be subject to written confirmation from Niagara that the appropriate controls and procedures to ensure that the remaining Centrex configuration (905-682) and administrative lines remain unchanged have been implemented;
WHEREAS with respect to the Centrex system in the St. Catharines (905-685) exchange, Bell also submitted that Niagara's request for a contribution exemption for this system should only apply from the date of application up to 25 January 1996, the date when the system was transferred to another company;
WHEREAS the Commission is of the view that Niagara has provided a satisfactory technical audit;
WHEREAS the Commission is of the view that final approval could be granted to the (905-682) Centrex system, subject to appropriate controls and procedures being implemented in (905-682) to ensure that the Centrex configuration and administrative lines remain unchanged, and also subject to the possibility of future random audits on (905-682) to ensure continued compliance with the conditions under which the exemption was granted;
WHEREAS the Commission also agrees with Bell that final approval could be granted to the (905-685) Centrex system effective the date of application 13 November 1995 (as stated in Order 96-507) up to 25 January 1996, the date when the system was transferred to another company (Advanced Network); and
WHEREAS the Commission agrees with Bell's suggestion with respect to the implementation of control procedures since this is consistent with Commission practice in other cases -
IT IS HEREBY ORDERED THAT:
1. Final approval is granted for contribution exemption for the Centrex system [effective the date of installation of the double-hop circuits (as stated in Order 96-507)] and associated administrative lines [effective the date of installation] in the St. Catharines (905-682) exchange subject to written confirmation from Niagara within 30 days from the date of this Order that the appropriate controls and procedures to ensure that the Centrex configuration and administrative lines remain unchanged have been implemented.
2. Final approval is granted for contribution exemption for the Centrex system [effective the date of application 13 November 1995 (as stated in Order 96-507) up to 25 January 1996] and associated administrative lines [effective the date of installation] in the St. Catharines (905-685) exchange, the date when the system was transferred to another company (Advanced Network).
3. The configuration for St. Catharines (905-682) is subject to the possibility of future random audits to ensure continued compliance with the conditions under which the exemption was granted.
Allan J. Darling
Secretary General

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