ARCHIVED -  Telecom Public Notice CRTC 96-27

Telecom Public Notice

Ottawa, 31 July 1996

Telecom Public Notice CRTC 96-27

DIRECTORY SUBSCRIBER LISTINGS - REPORT TO THE GOVERNOR IN COUNCIL

In Provision of Directory Database Information and Real-time Access to Directory Assistance Databases, Telecom Decision CRTC 95-3, 8 March 1995 (Decision 95-3), the Commission ordered AGT Limited (AGT), BC TEL, Bell Canada (Bell), The Island Telephone Company Limited (Island Tel), Maritime Tel & Tel Limited (MT&T), The New Brunswick Telephone Company, Limited (NBTel) and NewTel Communications Inc. (NewTel), among other things, to issue general tariffs making non-confidential residential and business listing information available in machine-readable form, unbundled on an exchange-level basis. In that Decision, the Commission directed the above-noted companies to establish a 1-800 toll-free number to which customers could direct inquiries and through which they could request that their information be removed (de-listed), at no charge, from listing information that is sold or rented. The Commission also directed the companies to send billing inserts to their customers informing them of the provision of non-confidential listing information to third parties and of the means available to have their names and related information excluded.

On 6 April 1995, the Commission issued Manitoba Tel and Northwestel - Provision of Directory Database Information and Real-Time Access to Directory Assistance Databases, Telecom Public Notice CRTC 95-16, 6 April 1995, requesting comments as to whether Decision 95-3 should apply to MTS NetCom Inc. (MTS) and Northwestel Inc. (Northwestel).

On 28 March 1995, White Directory of Canada, Inc. (White Directory) filed an application pursuant to section 62 of the Telecommunications Act (the Act) requesting that the Commission review and vary that part of Decision 95-3 relating to the mechanisms enabling subscribers to have their names, addresses and telephone numbers removed from listing information made available to third parties. In particular, White Directory requested that the de-listing mechanism not be applied to independent telephone directory publishers who use non-confidential listing information solely to compile, produce, publish and distribute telephone directories, on condition that the listing information not be resold, rented or otherwise disposed of to any other third party. White Directory also requested, by letter dated 3 April 1995, that the Commission grant a stay of Decision 95-3 until after it had made a determination with respect to the application to review and vary. This request was granted by letter dated 25 April 1995.

In White Directory - Application to Review and Vary Decision 95-3, Telecom Decision CRTC 95-14, 27 June 1995 (Decision 95-14), the Commission denied White Directory's application to review and vary, with Commissioners F. Bélisle, D. Colville and P. Senchuk dissenting in writing. Commissioners Bélisle, Colville and Senchuk stated, among other things, that the de-listing mechanism should not be applied to independent telephone directory publishers who use non-confidential listing information solely to compile, produce, publish and distribute telephone directories, on condition that the listing information not be resold, rented or otherwise disposed of to any other third party. Commissioner Y. Dupras also dissented from the Commission's decision, but did not provide reasons.

On 25 August 1995, Southam Inc., Thomson Newspapers Company Limited, White Directory and Koocanusa Publications Inc. filed a petition with the Governor in Council requesting that Decision 95-14 be varied to require that telephone companies make available to them the same non-confidential residential listing information that they provide to their directory publishing affiliates for the purpose of producing telephone books, on condition that the listing information not be resold, rented or otherwise disposed of to any third party. By letter dated 17 July 1995, the Commission delayed the implementation of all directions and orders in Decision 95-3 and Decision 95-14 pending the disposition by the Governor in Council of White Directory's petition. By letter dated 5 October 1995, the Commission stated that it would defer its determination with respect to the applicability of Decision 95-3 to MTS and Northwestel until the petition had been resolved.

In Order-in-Council P.C. 1996-1001, 25 June 1996, the Governor in Council varied Decision 95-14 by substituting for the majority decision the minority decision included therein. The Governor in Council also determined that it is in the public interest that the Commission examine the appropriate level of protection that should be accorded to subscriber listings of other communications service providers such as:

(a) Internet and electronic mail subscriber listings;

(b) facsimile subscriber listings;

(c) cellular and personal communications services (PCS) subscriber listings; and

(d) subscriber listings of other emerging services;

and that the issue of protection of subscriber information should be examined in light of the growing impact that telecommunications and electronic services are having on the privacy of citizens.

In addition, the Governor in Council determined that the pricing of the unlisted number service may deter subscribers from de-listing their personal information from telephone companies' directories and that such a service should be made available to subscribers of other telecommunications services.

Accordingly, the Governor in Council required the Commission, pursuant to section 14 of the Act, to report on the matter of directory subscriber listings, including the appropriate level of protection that should be accorded to subscriber listings and an evaluation of the unlisted number service, on or before 30 December 1996.

In light of the above, the Commission requests comment on:

(1) directory subscriber listings and the appropriate level of protection that should be accorded to them, and in particular, subscriber listings of other communications service providers such as those noted by the Governor in Council in Order-in-Council P.C. 1996-1001; and

(2) unlisted number service.

A copy of Order-in-Council P.C. 1996-1001 (p.2171-2172, Canada Gazette Part II, Vol. 130, No. 14) is appended to this Public Notice.

The Commission will in due course issue a ruling as to the applicability of Decision 95-3 and Decision 95-14, as amended by Order-in-Council P.C. 1996-1001, to MTS and Northwestel.

Procedure

1. AGT, BC TEL, Bell, Island Tel, MT&T, MTS, NBTel, NewTel and Northwestel (the telephone companies) are made parties to this proceeding. Other parties wishing to participate in the proceeding are to file a notice of intention to participate by writing to Mr. Allan J. Darling, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: (819) 953-0795, by 21 August 1996. The Commission will issue a complete list of interested parties and their mailing addresses.

2. By letter dated 23 July 1996, the Commission directed the telephone companies to file, by 21 August 1996, information pertaining to unlisted number service. That information, once filed, may be examined at the offices of the CRTC in the following locations:

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room 201
Hull, Quebec

Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia

Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec

275 Portage Avenue
Suite 1810
Winnipeg, Manitoba

580 Hornby Street
Suite 530
Vancouver, B.C.

3. Parties may file comments, serving copies on all other parties, by 6 September 1996.

4. Parties may file reply comments, serving copies on all other parties, by 4 October 1996.

5. In addition to hard copy filings, parties are encouraged to file with the Commission electronic versions of their submissions in accordance with the Commission's Interim Telecom Guidelines for the Handling of Machine-Readable Files, dated 30 November 1995. The Commission's Internet email address for electronically filed documents is public.telecom@crtc.x400.gc.ca. Electronically filed documents can be accessed at the Commission's Internet site at http://www.crtc.gc.ca.

6. 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

Please note that the Appendix is not attached to this Notice in DTR.

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