ARCHIVED - Telecom Order CRTC 97-86
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Ottawa, 21 January 1997
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Telecom Order CRTC 97-86
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IN THE MATTER OF the application of consumer safeguards governing the provision of operator services to Télébec ltée, Québec-Téléphone, Westel Telecommunications Ltd. (Westel), TELUS Communications (Edmonton) Inc. (TCEI) and fONOROLA Telecommunic-ations, Limited Partnership (fONOROLA).
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Reference: 95-1079
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WHEREAS on 2 August 1994, the Commission issued Consumer Safeguards for Operator Services, Telecom Public Notice CRTC 94-35, (PN 94-35);
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WHEREAS on 28 December 1995, the Commission issued Telecom Order CRTC 95-1438, as amended by Telecom Order CRTC 95-1438-1 dated 22 January 1996 (Order 95-1438), wherein it ordered Télébec ltée, Québec-Téléphone, Westel, TCEI and fONOROLA to show cause why consumer safeguards consistent with those contemplated in Order 95-1438 and Telecom Order CRTC 95-316, 15 March 1995 (Order 95-316) should not apply both when they themselves provide operator services, and when their telecommunications services are used by others to provide operator services;
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WHEREAS Télébec ltée submitted: (i) that it has no objection to including the safeguards in its own General Tariff; and (ii) that it is agreeable to adding in its contract with Bell Canada (Bell), which provides Télébec ltée's operator services, a clause requiring Bell to provide operator services in accordance with the consumer safeguards established in Order 95-316;
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WHEREAS TCEI submitted that TELUS Communications Inc. provides long distance operator services to TCEI's customers in compliance with the consumer safeguards contained in its General Tariff, as approved in Telecom Order CRTC 95-836 dated 31 July 1995;
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WHEREAS TCEI stated that it would comply with a direction from the Commission to require its third party operator service providers to comply with the safeguards;
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WHEREAS Québec-Téléphone stated that, subsequent to Order 95-1438, it filed Tariff Notice 94 to include in its General Tariff the consumer safeguards established in Order 95-316 and that the Commission approved the filing by Telecom Order CRTC 96-259, 20 March 1996;
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WHEREAS Québec-Téléphone submitted that, in the event that its facilities are used by any third party operator service provider, it would require the third party to conform with the safeguards established in Orders 95-316 and 95-1438;
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WHEREAS Westel and fONOROLA stated that they do not currently offer operator services and that they would comply with Orders 95-316 and 95-1438 should they introduce them;
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WHEREAS, for reasons stated in Order 95-1438, if Westel and fONOROLA themselves provide operator services otherwise than as part of cellular services, such activities would be subject to the requirement of section 25 of the Telecommunications Act (the Act) that services be offered pursuant to approved tariffs; and
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WHEREAS the Commission is of the view that uniform consumer safeguards governing the provision of operator services should apply to carriers under its jurisdiction that offer competitive long distance services -
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IT IS HEREBY ORDERED THAT:
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1. Télébec ltée and TCEI are directed:
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a) to file, within 60 days, comprehensive operator service tariffs that (i) incorporate consumer safeguards consistent with those contemplated in Orders 95-316 and 95-1438; and (ii) state that contracts with third party operator service providers are required;
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b) to negotiate contracts with existing and future operator service providers for services or facilities used in the provision of operator services; and
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(c) that the contracts referred to in paragraph 1(b) above are to: (i) include provisions that liability for disclosure of confidential customer information contrary to the company's Terms of Service is not limited by the company's Terms of Service; (ii) specify that, when cases of abuse arise, the Commission may direct federally regulated carriers to discontinue the provision of access and related services to operator service providers; and (iii) reference the fact that negotiated operator service contracts are required pursuant to the companies' operator service tariffs.
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2. Québec-Téléphone is directed:
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a) to file, within 60 days, a revised operator service tariff that states that contracts with third party operator service providers are required;
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(b) to negotiate contracts with existing and future operator service providers for services or facilities used in the provision of operator services; and
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(c) that the contracts referred to in paragraph 2(b) above are to: (i) include provisions that liability for disclosure of confidential customer information contrary to the company's Terms of Service is not limited by the company's Terms of Service; (ii) specify that, when cases of abuse arise, the Commission may direct federally regulated carriers to discontinue the provision of access and related services to operator service providers; and (iii) reference the fact that negotiated operator service contracts are required pursuant to the telephone companies' operator service tariffs.
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3. Westel and fONOROLA are directed:
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(a) pursuant to section 24 of the Act, as a condition of offering and providing operator services as part of existing or future cellular services, to implement in their service contracts with their respective customers, prior to offering and providing such operator services, binding consumer safeguard obligations which are to be consistent with those contemplated in Order 95-316;
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b) pursuant to section 24 of the Act, as a condition of offering and providing the use of their respective telecommunications services to third party operator service providers, to implement, prior to offering and providing such use, binding consumer safeguard obligations which are to be consistent with those contemplated in Order 95-316, and which are to be incorporated in their contracts with the said operator service providers; and
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(c) the contracts referred to in paragraph 3(b) are to specify that, when cases of abuse arise, the Commission may direct federally regulated carriers to discontinue provision of access and related services to the said operator service providers.
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Allan J. Darling
Secretary General |
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- Date modified: