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Ottawa, 3 July 1998
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Telecom Order CRTC 98-658
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By letter dated 19 December 1997, NBTel interActive (1994) Inc. (NBTI) applied for an exemption from contribution charges with respect to facilities used to provide dedicated services to its customers. NBTI stated that a copy of this application was served on The New Brunswick Telephone Company, Limited (NBTel) as the respondent. NBTI requested an effective date of 1 January 1998, concurrent with the date that its current exemptions expire.
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File No.: 8626-N19-01/97
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1.NBTI stated that in an application dated 4 December 1996 (the 1996 application), it filed a similar request for the exemption from contribution of its circuits. NBTI noted that in accordance with Telecom Order CRTC 98-590 [sic: should read 97-590, 1 May 1997], the current exemptions expire 1 January 1998. NBTI attached the 1996 application for reference and submitted that this information supports the current application.
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2.NBTI requested exemption of the circuits used in the Education Industry Network, as the service is dedicated to a single customer, and its interActive Voice Response (IVR) Network as this network is accessed by toll-free services which are already paying contribution.
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3.NBTI filed its application and the attached 1996 application in confidence to the Commission with a copy to NBTel as the supplier of the services, submitting that they contain details about NBTI and its business that could be used by other service providers and potential competitors of NBTI to better design and provision competing services, thereby causing specific direct harm to NBTI.
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4.By letter dated 5 February 1998, NBTel stated that it was providing carrier verification that the configurations in question are provisioned as described and qualify for an exemption from contribution payments. NBTel noted that it provides network services, central office co-location and associated equipment, and installation services to NBTI. Based on the application and its ability to verify the application, NBTel submitted that NBTI has met the evidentiary requirements.
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5.By Commission staff letter dated 20 February 1998, NBTI was requested to show cause why its application should not be put on the public record, noting that its entire application, including the covering letter, was filed in confidence and that no abridged version had been provided for the public record as stipulated in the CRTC Telecommunications Rules of Procedure.
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6.By letter dated 5 March 1998 (also filed completely in confidence), NBTI repeated its previous submission that the release of its application on the public record would result in specific direct harm to the company. NBTI did attach an abridged version of its letter of application dated 19 December 1997 for the public record, but submitted that it should go on the public record only after the Commission had disposed of its contribution exemption application.
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7.In a letter dated 16 April 1998, the Commission directed NBTI to place forthwith on the public record: (i) an unabridged version of the letter dated 19 December 1997; (ii) the letter dated 4 December 1996 (but not the attached schematic diagrams and circuit details); (iii) the affidavit dated 5 December 1996; and (iv) the submission of 5 March 1998 responding to Commission staff's show cause letter of 20 February 1998. By letter dated 22 April 1998, NBTI complied with the Commission's direction.
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8.The Commission notes that NBTI is requesting exemption of the circuits used in the Education Industry Network, as the service is dedicated to a single customer, and its IVR Network as this network is accessed by toll-free services which are already paying contribution. The Commission has reviewed the evidence and network diagrams provided by NBTI for the Education Industry and IVR Networks in support of the exemption granted in Telecom Order CRTC 97-648 dated 16 May 1997 (Order 97-648). The Commission is of the view that the Education Industry Network is a private network dedicated to a single customer and qualifies for contribution exemption. The Commission also agrees with NBTI's submission that the IVR network is accessed by toll-free services which are already paying contribution and accordingly, no additional contribution is payable.
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9.In light of the foregoing, the Commission orders that the exemption granted in Order 97-648 continue beyond 1 January 1998 for the Education Industry Network and the
IVR Network, such that no contribution is payable.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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