ARCHIVED -  Telecom Order CRTC 98-809

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Telecom Order

Ottawa, 18 August 1998
Telecom Order CRTC 98-809
On 15 May 1998, Télébec ltée (Télébec) filed an ex parte application for approval of tariff modifications to its Hyperpac service.
File No.: Tariff Notice 185
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.
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).
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.
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.
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.
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.
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.
8.In light of the foregoing, the Commission orders that the proposed tariff revisions are approved on a final basis effective 28 May 1998.
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.
Laura M. Talbot-Allan
Secretary General
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