ARCHIVED -  Telecom Order CRTC 97-1127

Telecom Order

Ottawa, 18 August 1997

Telecom Order CRTC 97-1127

The Commission received an application by CardCaller Canada Inc. (CardCaller) dated 31 March 1997, for an exemption from contribution for Megalink service.

File No.: 8626-C20-01/97

1. In support of its application, CardCaller provided an affidavit affirming it subscribes to 24 lines which are classified as interconnecting circuits pursuant to Bell Canada's (Bell) tariffs. CardCaller also affirmed that no interexchange private line services, whether provided by Bell or any other supplier, are connected to the above-referenced telephone switching equipment.

2. By letter dated 20 May 1997, Bell noted that CardCaller's affidavit did not describe the use that is being made of the facilities or the category of the exemption that is requested. Bell submitted that the affidavit did not satisfy the evidentiary requirements for an exemption and that CardCaller should be required to further clarify the intended use of the facilities and identify the category of the exemption that is being sought.

3. By letter dated 6 June 1997, CardCaller provided a description of the access services and calling arrangements, including the use of the 800 inbound service, that its subscribers use to obtain a terminating number. CardCaller submitted that its original letter was delayed in reaching the Commission due to an oversight.

4. By letter dated 3 July 1997, Bell submitted that CardCaller had clarified that the facilities in question are part of a debit card service whereby no access to the local public switched telephone network is provided by CardCaller. Bell further noted that CardCaller has affirmed that no interexchange or local private lines are connected to its service and accordingly Bell submitted that this configuration satisfies the requirements for a contribution exemption. Bell submitted that since the date of application post dates the date of the affidavit by six and one half months, the effective date should coincide with the date of application.

5. By letter dated 10 July 1997, CardCaller provided additional clarification concerning the application date. CardCaller stated that it had notified Bell's Carrier Services Group in September 1996 that the lines ordered were to be contribution exempt. CardCaller stated that it had the affidavit signed but for some reason "it ... fell through the cracks". CardCaller stated that the lines are not liable for charges (contribution) and that it should not be penalized for an administrative error.

6. The Commission notes that the affidavit and the subsequent clarification of the services provided by CardCaller satisfy the Commission's evidentiary requirements set out in Telecom Decision CRTC 93-2, Applications for Contribution Exemptions, 1 April 1993.

7. The Commission notes that the application for the exemption was dated 31 March 1997 and received on 17 April 1997, and that the date of the affidavit was 15 September 1996. The Commission's practice is to normally grant the effective date as the earlier of the date of application or the date of the affidavit, as long as there is no substantive difference between the dates. The Commission notes that CardCaller has admitted the delay was due to an administrative error and as a result the Commission considers that using the date of the affidavit, as the effective date, would be appropriate.

8. In light of the foregoing, the Commission orders that:

CardCaller's application is approved effective the date of the affidavit, 15 September 1996.

Laura M. Talbot-Allan
Secretary General

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