ARCHIVED -  Telecom Order CRTC 96-1471

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Telecom Order

Ottawa, 17 December 1996
Telecom Order CRTC 96-1471
IN THE MATTER OF an application by Call-Net Enterprises Inc. (Call-Net), filed on behalf of UUNET Canada Inc. (UUNET), dated 3 October 1996, requesting an exemption from contribution charges associated with Canada-U.S. circuits used to carry only data traffic.
Reference: 96-2412
WHEREAS the application included an affidavit dated 6 September 1996 from UUNET affirming that UUNET only offers data services, and that the circuits in question are not used to provide joint-use interexchange voice services;
WHEREAS Call-Net also filed a second submission on behalf of UUNET, dated 8 October 1996, which stated that contrary to Call-Net's first submission, no local loops are provided by Rogers Network Services;
WHEREAS this submission also provided the circuit identification number associated with the facility in question, as it is identified by Sprint Canada Inc. in its monthly report (the Reseller Cross-Border Circuit Report) to Bell Canada (Bell);
WHEREAS by letter dated 24 October 1996, Bell noted that the UUNET affidavit appears to meet the evidentiary requirements prescribed by the Commission in Applications for Contribution Exemptions, Telecom Decision CRTC 93-2, 1 April 1993, with respect to applications for contribution exemption submitted by resellers who resell only data services;
WHEREAS however, Bell noted that it has no record that UUNET has registered as a reseller with the Commission or any carrier;
WHEREAS Bell submitted that such resellers are required to register pursuant to Competition in the Provision of Public Long Distance Voice Telephone Services and Related Resale and Sharing Issues, Telecom Decision CRTC 92-12, 12 June 1992 and related decisions;
WHEREAS accordingly, Bell submitted that UUNET be required to register as a reseller;
WHEREAS in light of the above, Bell submitted that the approval of UUNET's application appears to be appropriate, subject to the requirement that UUNET register as a reseller;
WHEREAS by letter dated 21 November 1996, Call-Net (on behalf of UUNET), stated that it had no objection to the Commission making its Order subject to UUNET formally registering should this be deemed necessary; and
WHEREAS the Commission is of the view that UUNET has met its evidentiary requirements, that an exemption from contribution is warranted, and that UUNET should register with it as a reseller -
IT IS HEREBY ORDERED THAT:
UUNET's application is approved effective 6 September 1996 (the date of the affidavit) subject to UUNET registering with the Commission as a reseller within 14 days of the date of this Order.
Allan J. Darling
Secretary General

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