ARCHIVED - Telecom Order CRTC 97-703
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Telecom Order |
|
Ottawa, 28 May 1997
|
|
Telecom Order CRTC 97-703
|
|
The Commission received an application from Shaw FiberLink Ltd. (Shaw) dated 8 January 1997, for exemption from contribution charges for services used for administrative purposes, testing purposes, and to provide data services.
|
|
File No.: 97-8626-S14-01
|
|
1. In support of its application, Shaw provided an identification and a description of the use of the various services which are the subject of the application, as well as an affidavit affirming the accuracy of the information stated in the application, and that Shaw does not provide switched voice services.
|
|
2. By letter dated 10 February 1997, Bell Canada (Bell) reviewed the services that it provides, and confirms that they are accurately described by Shaw. Bell noted that with respect to the circuits described in Shaw's Attachment A, Item 1, Shaw had argued that these are not interconnecting circuits, and therefore no exemption was required. Bell disagreed with Shaw's interpretation.
|
|
3. Bell submitted that the services in question are described by Shaw as PBX trunks. Bell further submitted that PBX trunks, business lines and other connections to a Bell central office are defined as interconnecting circuits in its tariffs. Accordingly, Bell maintained that when such services are provided to a reseller, contribution charges apply, and an exemption application must be submitted and approved for such circuits in order to be exempt from the requirement to pay contribution.
|
|
4. Bell further noted that, as established in Effective Date of Contribution Exemptions Telecom Public Notice CRTC 95-26, 12 June 1995, the Commission's normal practice in the case of administrative use circuits is to grant exemptions effective the date of installation of the services in question. Accordingly, Bell noted that Shaw's request that such circuits be exempt from the date of installation is consistent with the Commission's normal practice.
|
|
5. With respect to the circuits described in Shaw's Attachment A, Items II and III, Bell submitted that these can also be viewed as administrative use services, and therefore may be granted an exemption effective the date of installation, subject to the provision of satisfactory evidence in support of the application. For administrative use circuits, Bell noted that such evidence typically consists of an affidavit affirming that the specified circuits are used by the applicant and its employees solely for administrative use and are not connected to facilities which provide services to others.
|
|
6. For the circuits detailed in Attachment A, Item IV, ISDN Dial-In Data Access Circuits, Bell noted that Shaw has provided an affidavit which indicates that it does not provide switched voice services. Bell submitted that the correct form of evidence for a data-only service provider is an affidavit affirming that the applicant provides only data services, and that the circuits which are the subject of the application are used only to provide a data service to its customers.
|
|
7. Bell agreed that, on a prima facie basis, the requested exemptions appear to be warranted. However, Bell submitted that, as discussed above, final approval should be subject to the submission of suitable affidavits by Shaw in support of its application, within a reasonable time period. Bell further noted that, if required by Shaw, it could provide sample affidavit forms to Shaw through its Carrier Services Organization.
|
|
8. Shaw provided a revised affidavit dated 17 March 1997 affirming that: (1) the PBX trunks are for administrative purposes only; (2) Shaw is a data only provider; and (3) the administrative circuits described in Attachment A, Items II and III, are used solely for administrative purposes.
|
|
9. By letter dated 16 April 1997, Bell agreed that the revised affidavit satisfies the evidentiary requirements for the exemption requested, and accordingly agreed with the requested exemption.
|
|
10. The Commission is of the view that Shaw has met, the relevant evidentiary requirements.
|
|
11. In light of the foregoing, the Commission orders that:
|
|
Shaw's application is approved effective the date of installation for circuits classified as administrative and the date of application for circuits classified as data.
|
|
Allan J. Darling
Secretary General |
|
This document is available in alternative format upon request.
|
|
|
- Date modified: