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Telecom Order
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Ottawa, 9 October 1997
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Telecom Order CRTC 97-1447
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The Commission has received an application from AGI Cablevision Inc. (AGI) under Tariff Notice 1, dated 19 August 1997, for approval of a tariff regarding the provision of CATV bandwidth to a related third-party vendor providing high speed cable modem service for Internet applications.
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File No.: Tariff Notice 1
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1. This application was filed in accordance with Regulation of Broadcasting Distribution Undertakings that Provide Non-Programming Services, Telecom Decision CRTC 96-1, 30 January 1996 (Decision 96-1).
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2. The Commission concluded in Decision 96-1 that cable distribution undertakings and other broadcasting distribution undertakings that own or operate a "transmission facility", as defined in the Telecommunications Act, are "telecommunications common carriers" when they use their distribution networks to provide a full channel TV service or other non-programming service to the public for compensation, including the provision of access to others to use their facilities to provide these services.
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3. The proposed tariff makes available 3.0 Megahertz of CATV bandwidth to an Internet Service Provider related to AGI for the purpose of providing high speed cable Internet service.
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4. In Decision 96-1, the Commission stated that it intended to initiate a proceeding through a separate public notice to consider issues relating, among other things, to tariffing and forbearance with respect to non-programming services other than a full channel TV service provided by broadcasting distribution undertakings.
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5. On 6 December 1996, the Commission issued Regulation of Certain Telecommunications Services Offered by Broadcast Carriers, Telecom Public Notice CRTC 96-36 (PN 96-36).
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6. Decision 96-1 required that where a broadcasting distribution undertaking wishes to introduce a non-programming service other than a full channel TV service before the Commission releases its decision respecting the appropriate regulatory treatment of such non-programming services, the carrier must file a proposed tariff for that service for Commission approval.
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7. Decision 96-1 also required any such filing to demonstrate that the carrier's analog capacity is sufficient to deal appropriately with issues of third party access for the provision of like services.
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8. In its application, AGI expressed confidence regarding the availability of sufficient capacity to accommodate third party access to its distribution system.
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9. The Commission understands that, while AGI has stated that it has the capacity to provide this service to other third-party vendors, it currently does not possess the technical capabilities to extend service to more than one service provider at this time.
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10. The Commission is of the view that AGI is not acting in a discriminatory fashion when making this service available to its affiliate since AGI could alternatively have selected to provide this service in-house in the same manner as other cable companies.
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11. The Commission intends to make a final determination regarding this application following its decision with respect to PN 96-36.
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12. In light of the foregoing, the Commission approves the proposed tariff revisions on an interim basis.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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