ARCHIVED - Telecom Order CRTC 97-603
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Telecom Order |
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Ottawa, 7 May 1997
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Telecom Order CRTC 97-603
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An application by Wiznet Inc. (Wiznet) dated 18 October 1996, requesting exemption for single-hop Centrex services (which subsequently was amended to cover data services).
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File No.: 97-8626.W7.01
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1. Wiznet attached an affidavit dated 17 October 1996.
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2. By letter dated 15 January 1997, Bell Canada (Bell) noted that the affidavit form is incomplete, and is not sworn and witnessed as required.
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3. Bell stated that it determined that the identified numbers are in the 613 area code, but was unable to determine or to verify the service configuration used by Wiznet associated with the first number identified in the affidavit, and noted that the second number identified is a residential service, and therefore may not be used to provide service to others on a resale basis.
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4. Accordingly, Bell submitted that Wiznet has not provided a satisfactory description of the service configuration involved, nor has it provided satisfactory evidence to permit the Commission to make a determination as to whether an exemption from contribution charges may be granted.
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5. Bell submitted, therefore, that the application should be deferred pending the provision of the required evidence by Wiznet.
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6. By letter dated 23 January 1997, Wiznet provided a new affidavit dated 24 January 1997.
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7. By letter dated 20 February 1997, Bell noted that Wiznet identified the services in question as Centrex services and affirmed that they are used solely to provide local or single-hop services.
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8. However, Bell noted that, based on its records, the services provided to Wiznet, as identified in the affidavit, consist of Megalink and Integrated Services Digital Network services, and do not include Centrex services.
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9. Bell further noted that Wiznet indicated in its covering letter that it provides only data services.
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10. Bell submitted, therefore, that Wiznet should provide an affidavit affirming that it provides only data services, and that it does not provide joint-use voice service to its customers.
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11. Bell noted that a duly sworn affidavit affirming that an applicant is solely in the business of providing data services to its customers, and does not provide joint-use voice services, is considered to be satisfactory evidence in support of an application for an exemption from contribution charges for data services.
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12. Therefore, subject to the provision by Wiznet of the required affidavit, Bell agreed with the requested exemption.
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13. By letter dated 25 February 1997, Wiznet provided a new affidavit dated 25 February 1997.
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14. On 17 March 1997, Wiznet filed an amended affidavit dated 13 March 1997.
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15. The Commission is of the view that Wiznet's 13 March 1997 affidavit is satisfactory, and it meets the Commission's evidentiary requirements as set out in Applications for Contribution Exemptions, Telecom Decision CRTC 93-2, 1 April 1993.
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16. In Effective Date of Contribution Exemptions, Telecom Public Notice CRTC 95-26, 12 June 1995, the Commission stated that contribution exemptions will generally be granted effective the later of the date of application or date of installation, absent special circumstances.
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17. The Commission considers it appropriate in this case to grant the exemption to the application effective the date of the original affidavit accompanying the application.
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18. In light of the foregoing, the Commission orders that:
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Wiznet's application is approved effective 17 October 1996, the date of the original affidavit accompanying the letter of application.
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Allan J. Darling
Secretary General |
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This document is available in alternative format upon request.
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