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Ottawa, 18 August 1998
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Telecom Order CRTC 98-809
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On 15 May 1998, Télébec ltée (Télébec) filed an ex parte application for approval of tariff modifications to its Hyperpac service.
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File No.: Tariff Notice 185
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1.The tariff modifications proposed by Télébec consisted of a new fixed monthly recurring charge to replace its existing Hyperpac service tariff structure, which included both a fixed monthly recurring charge and a variable usage component.
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2.Citing special circumstances, Télébec requested that the Commission approve the proposed tariff modifications effective 1 May 1998 pursuant to section 25(4) of the Telecommunications Act (the Act).
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3.Section 25(4)(a) of the Act states that the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate was charged because of an error or circumstances that warrant ratification.
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4.In Telecom Order CRTC 98-523, 28 May 1998 (Order 98-523), the Commission approved the application on an interim basis effective the date of the Order and ordered the company to provide a copy of the application for the public record in all relevant public examination rooms.
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5.In Order 98-523, the Commission stated that it would consider the request to ratify the past charging of rates pursuant to section 25(4)(a) of the Act when it disposes of the application on a final basis.
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6.The circumstances cited by Télébec as justification for ratification were that: a) until 1 May 1998, it had relied on Stentor to measure traffic for purposes of billing the usage portion of its Hyperpac service tariff and b) on 1 May 1998, Stentor abandoned its traffic measurement system due to software difficulties and that, as a result, the company could no longer apply its current tariffs.
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7.The Commission is satisfied that the circumstances of the present case warrant the ratification of the charging of rates proposed in Tariff Notice (TN) 185, from 1 May 1998.
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8.In light of the foregoing, the Commission orders that the proposed tariff revisions are approved on a final basis effective 28 May 1998.
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9.The Commission ratifies the charging of the rates described herein, otherwise than in accordance with an approved tariff, for the period of 1 May 1998 to the effective date of final approval of TN 185.
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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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