ARCHIVED -  Telecom Order CRTC 98-242

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Telecom Order

Ottawa, 6 March 1998
Telecom Order CRTC 98-242
On 2 October 1997, Québec-Téléphone filed Tariff Notice (TN) 182 to amend the carrier access tariffs (CATs) for 1995 and 1996 that were given final approval by letter dated 12 September 1997 and to bring forward to 1 January 1995 the effective date for the switching and aggregation charges of $0.011 that were given interim approval in Telecom Order CRTC 97-1295 (Order 97-1295) effective 1 January 1997.
File No.: TN 182
1. TN 182A filed on 10 November 1997 replaced TN 182 to bring the final CATs for 1995 and 1996 into compliance with Regulatory Framework for Québec-Téléphone and Télébec ltée, Telecom Decision CRTC 96-5, 7 August 1996, and to change the effective date for the switching and aggregation charges to 1 June 1995.
2. The Commission notes that the CATs in TN 182A are consistent with those for which it gave final approval for 1995 and 1996 by letter dated 12 September 1997.
3. In TN 182A, Québec-Téléphone submitted that the effective date of 1 June 1995 for the switching and aggregation charges was consistent with Telecom Order CRTC 95-558 dated 11 May 1995.
4. AT&T Canada Long Distance Services Company filed comments by letter dated 9 December 1997. It submitted that TN 182A constituted an application to have the switching and aggregation charges applied retroactively, and Order 97-1295 did not allow such retroactive application. It also indicated that if Québec-Téléphone wanted to change the CATs given final approval by the Commission for 1995 and 1996, it should proceed in accordance with Part VII of the CRTC Telecommunications Rules of Procedure and the criteria established in Telecom Decision CRTC 79-1 of 2 February 1979.
5. Québec-Téléphone replied on 19 December 1997. It submitted that the Commission's letter of 12 September 1997 gave final approval for only one of the three components of the CAT, namely contribution, on a retroactive basis to 1995 and 1996. The Commission did not rule on the switching and aggregation charges because the company filed its application with respect thereto after that date, namely 2 October and 10 November 1997. As a result, the company's request did not constitute an application to apply the switching and aggregation charges retroactively. Québec-Téléphone also indicated that it provided switching and aggregation services to its competitors in 1995 and 1996; it intended to charge them the relevant rates.
6. The Commission considers that changing the effective date for the switching and aggregation charges to an earlier date would constitute retroactive application of those charges.
7. In light of the foregoing, the Commission approves the proposed tariff pages relating to the final CATs for 1995 and 1996 and denies the proposed tariff revision for switching and aggregation charges. Québec-Téléphone is directed to file new final tariff pages reflecting these rulings.
Laura M. Talbot-Allan
Secretary General
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