ARCHIVED -  Telecom Public Notice CRTC 97-38

Telecom Public Notice

Ottawa, 18 November 1997

Telecom Public Notice CRTC 97-38

APPLICATION OF CONTRIBUTION ON INTERNET ACCESS SERVICES IN THE INDEPENDENTS' TERRITORIES

File No: 8646-C24-01/97

1. In Regulatory Framework for Québec-Téléphone and Télébec ltée, Telecom Decision CRTC 96-5, 7 August 1996 (Decision 96-5), and Regulatory Framework for the Independent Telephone Companies in Quebec and Ontario (Except Ontario Northland Transportation Commission, Québec-Téléphone and Télébec ltée), Telecom Decision CRTC 96-6, 7 August 1996 (Decision 96-6), the Commission established the regulatory framework for most of the independent telephone companies in Ontario and Quebec. In these Decisions, the Commission stated that, among other things, contribution should be paid on all switched voice and data traffic that is interconnected to the Public Switched Telephone Network in the independents' territories. The Decisions did not explicitly identify or exclude Internet Access Services.

2. In Telecom Order CRTC 97-590, 1 May 1997 (Order 97-590), which broadened the scope of contribution-paying services in the territories of the Stentor-member companies, the Commission was not persuaded that it was appropriate, at that time, to extend the application of the existing contribution scheme to Internet Access Services offered in those companies' territories.

3. By letter dated 29 May 1997, Canadian Satellite Communications Inc. (Cancom) requested that the Commission settle a billing dispute between itself and Télébec ltée (Télébec) regarding whether or not contribution is payable on Internet Access Services provided in Télébec's territory. All correspondence regarding this dispute is available for inspection at the offices of the CRTC in Hull and Montréal, at the following locations: Central Building, Les Terrasses de la Chaudière, 1, Promenade du Portage, Room 201, Hull, Quebec, or Place Montréal Trust, 1800 McGill College Avenue, Suite 1920, Montréal, Quebec.

4. Under the regime set out in Decisions 96-5 and 96-6, contribution would be payable on Internet Access Services in the territories of those Independents subject to these Decisions. The Commission, however, is of the preliminary view that it is not appropriate that contribution be payable on Internet Access Services in the Independents' territories and that Decisions 96-5 and 96-6 should be varied such that the Commission's determination with respect to contribution on Internet Access Services in the Stentor-members' territories set out in Order 97-590 would also apply in the Independents' territories, effective 1 January 1997.

5. Accordingly, the Commission hereby initiates a proceeding to determine whether or not the treatment of Internet Access Services for contribution-paying purposes outlined in Order 97-590 should also apply in the territories of the Independents subject to Decisions 96-5 and 96-6. Following disposition of this proceeding, the Commission expects to dispose of the above mentioned billing dispute between Cancom and Télébec.

PROCEDURE

6. Persons wishing to participate in this proceeding must notify the Commission of their intention to do so by writing to Mrs. Laura M. Talbot-Allan, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: 819-953-0795, by 18 December 1997. Parties are to indicate in the notice their Internet email address, where available. If parties do not have access to Internet, they are to indicate in their notice whether they wish to receive disk versions of hard copy filings. The Commission will issue a complete list of parties and their mailing addresses (including Internet email addresses, if available), also identifying those parties who wish to receive disk versions.

7. Parties are to file with the Commission, and serve on all parties, comments on whether the treatment of Internet Access Services for contribution paying purposes outlined in Order 97-590 should also apply in the Independents' territories, by 5 January 1998.

8. All parties may file reply comments with the Commission, serving copies on all parties that filed comments pursuant to paragraph 8 above, by 19 January 1998.

9. Where a document is to be filed or served by a specific date, the document must be actually received by the Commission, not merely mailed, by that date.

10. In addition to hard copy filings, parties are encouraged to file with the Commission electronic versions of their submissions in accordance with the Commission's Interim Telecom Guidelines for the Handling of Machine-Readable Files, dated 30 November 1995. The Commission's Internet email address for electronically filed documents is public.telecom@crtc. gc.ca. Electronically filed documents can be accessed at the Commission's Internet site at http://www.crtc.gc.ca.

This document is available in alternative format upon request.

Laura M. Talbot-Allan
Secretary General

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