ARCHIVED - Telecom Order CRTC 97-509
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Telecom Order |
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Ottawa, 15 April 1997
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Telecom Order CRTC 97-509
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The Commission received an application from Rebel Communications (Rebel) dated 25 September 1996, for an exemption from contribution for (1) Centrex services in Valleyfield, Quebec for single-hop services and (2) administrative services in Belleville, Smiths Falls and Williamsburg, Ontario and in Drummondville and Valleyfield, Quebec.
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File No.: 96-2110
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1. In support of its application, Rebel provided affidavits dated 15 October 1996.
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2. By letter dated 6 February 1997, Bell Canada (Bell) noted that despite the dates stated on the letter and affidavit, the facsimile header information on the copy provided to Bell indicates that the copy was transmitted to it on 22 January 1997.
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3. Bell agreed that the submission appears to satisfy the evidentiary requirements for exemption for single-hop and administrative services, respectively.
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4. Accordingly, Bell agreed with the requested exemptions.
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5. Bell submitted that, in keeping with the Commission's established practice, and in view of the extended delay filing of the applications as noted above, the effective date of the exemption for single-hop services should be the later of the date this application was submitted to the Commission, or the installation date of the services in question.
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6. Attached to a note dated 18 February 1997, Rebel provided its original affidavits dated 15 October 1996.
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7. The Commission is of the view that Rebel has met the evidentiary requirements for single-hop and administrative circuits as set out in Applications for Contribution Exemptions, Telecom Decision CRTC 93-2, 1 April 1993.
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8. The Commission notes that Rebel's letter is dated 25 September 1996, its affidavit is dated 15 October 1996 and its fax transmission to Bell is dated 22 January 1997.
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9. The Commission notes that these documents were transmitted to the Commission from Bell.
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10. The Commission's practice has been generally to accept the earlier of the date of the application letter or the date of affidavit for the effective date, as long as there is no substantial difference between those two dates.
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11. However, here, there are three dates to consider, with a separation of approximately four months between the date of application letter and the date of transmission.
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12. The Commission is of the view that it would be appropriate in this case to select the later of the transmission date (22 January 1997) or the date of installation as the effective date, particularly as Rebel did not explain the delay in transmitting the affidavit.
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13. In light of the foregoing, the Commission orders that:
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14. (a) Rebel's application for one-hop circuits is approved effective the later of the date of transmission (22 January 1997) or the date of installation.
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15. (b) Rebel's application for administrative circuits is approved effective the date of installation.
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Allan J. Darling
Secretary General |
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