ARCHIVED - Telecom Order CRTC 97-539
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Ottawa, 18 April 1997
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Telecom Order CRTC 97-539
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The Commission has received an application from Okanagan Skeena Group Limited (OSG), dated 29 January 1997, for approval of a tariff regarding the introduction of its high-speed Internet access service and for the Commission to forbear from regulating the telecommunication services of secondary market service providers such as itself pursuant to Section 34(1) of the Telecommunications Act.
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File No.: Tariff Notice 1
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1. OSG stated that Tariff Notice 1 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. 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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4. 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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5. 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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6. In Decision 96-1, the Commission also required that any such filing 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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7. In its application, OSG expressed confidence regarding the availability of sufficient capacity to accommodate third party access to its distribution system.
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8. The Commission intends to make a final determination regarding this application following its decision with respect to PN 96-36.
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9. In light of the foregoing, the Commission orders that:
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10. The proposed tariff revisions submitted by OSG under Tariff Notice 1 are approved on an interim basis.
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Allan J. Darling
Secretary General |
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