ARCHIVED - Telecom Order CRTC 97-1569
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Telecom Order |
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Ottawa, 29 October 1997
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Telecom Order CRTC 97-1569
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On 8 July 1997 the Federal Court of Canada - Trial Division ruled that the playing of a recorded voice-over message by the Correctional Service of Canada on telephone calls made by inmates at correctional facilities contravened the inmates' rights to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (the Charter) and was not justifiable under section 1 of the Charter.
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File Nos.: Bell TN 6098; NBTel TN 676 and NewTel TN 533.
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2. On 28 July 1997, NewTel Communications Inc. (NewTel) filed Tariff Notice (TN) 533 seeking approval of Inmate Service, providing public telephone service to federal or provincial correctional or penal institutions for the use of inmates. In its application, NewTel indicated that its proposed service was the same as that offered by Bell Canada (Bell) under General Tariff Item 292, approved by the Commission in Telecom Order CRTC 96-1386 dated 29 November 1996.
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3. By letter dated 21 August 1997, NewTel and Bell were requested, in light of the Federal Court's judgement noted above, to provide their respective views upon: (i) in the case of New Tel, whether paragraph 2 of Item 140 of its proposed tariff should be deleted; and (ii) in the case of Bell, whether paragraph (c) of Item 292 of the company's General Tariff should be deleted.
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4. By separate letters dated 22 September 1997, NewTel stated it had no objection to deleting paragraph 2 of Item 140 from its proposed tariff, and Bell filed TN 6098, proposing to remove reference to the ability of correctional or penal institutions to include recorded announcements at the start of each call placed by inmates to advise the called party of the origin of the call.
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5. On 3 October 1997, The New Brunswick Telephone Company, Limited (NBTel) filed TN 676, proposing to remove from its tariff for Inmate Service the contents of General Tariff Item 56.1C, providing for the playing of a recorded announcement at the start of each call to advise the called party of the origin of the call.
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6. In light of the foregoing, the Commission orders that:
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(a) NewTel TN 533 is approved with the deletion of paragraph 2 of Item 140; and
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(b) Bell TN 6098 and NBTel TN 676 are approved.
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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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