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Telecom Public Notice
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Ottawa, 9 July 1998 |
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Telecom Public Notice CRTC 98-14 |
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REGULATION UNDER THE TELECOMMUNICATIONS ACT OF CABLE CARRIERS' ACCESS
SERVICES
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Reference: 8697-C12-02/98 |
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I INTRODUCTION |
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1.A "broadcast carrier" is a company or other
person which is a Canadian carrier under the Telecommunications Act
(the Act) and which also holds a broadcasting distribution undertaking
licence under the Broadcasting Act. |
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2.In Regulation under the Telecommunications
Act of Certain Telecommunications Services offered by "Broadcast Carriers",
Telecom Decision CRTC 98-9, 9
July 1998, (Decision 98-9), the Commission set out its approach under the Act
to regulating certain telecommunications services offered by broadcast
carriers. |
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3.One of the Commission's rulings in Decision
98-9 was that where a broadcast carrier which is an incumbent cable company
or an incumbent telephone company provides higher speed access services using
distribution facilities which the carrier also uses to provide a broadcasting
service, the higher speed access services are to be offered on a tariffed
basis. |
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4.In its Decision, the Commission noted that
technical considerations currently prevent cable companies with traditional
infrastructure from providing higher speed access services using a
"source-based routing" approach. The Canadian Cable Television Association
(CCTA) considers this approach to the provision of access to be the optimal
approach in a multi-service provider environment. |
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5.In Decision 98-9, the Commission requested
that the CCTA file various reports relating to the provision of such access,
including a report on the feasibility of alternative methods of providing
access. The Commission further stated that it would begin a proceeding to
consider various access issues, including the methodology by which rates for
access should be developed. It is the Commission's intention to address
regulatory issues relating to access at this time to avoid delays in making
access available once the underlying technical issues are resolved. |
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II ISSUES |
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6.The Commission invites comment on issues
relating to the provision and tariffing of higher speed access services
provided by a broadcast carrier which is an incumbent cable company or an
incumbent telephone company using distribution facilities which it also uses
to provide a broadcasting service. In particular, parties are asked to
address the issues set out below: |
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(a) The appropriate methodology by which rates
for higher speed access services should be developed; |
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(b) The appropriate approach to, and procedures
for, ensuring the confidentiality of competitively sensitive information
provided to such broadcast carriers by their competitors (alternate service
providers or ASPs): the Commission notes that companies which offer retail
level services in competition with these broadcast carriers will provide
information to them in order to facilitate the provision of service to their
own customers; |
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(c) The appropriate approach to other aspects of
the relationship between these broadcast carriers and ASPs; for example, the
provision of monthly billing information by the carriers to ASPs, refunds for
service problems, procedures for transfering customers of retail level
services and termination of service; |
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(d) The extent to which it would be appropriate
to rely on privately negotiated contractual terms and conditions (for issues
not related to rates) with respect to the provision of services by such
broadcast carriers to ASPs, whether it would be more appropriate to establish
distinct rights and obligations in tariff form and, if so, what these
distinct rights and obligations should be; and |
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(e) Whether the Commission should mandate resale
of carriers' higher speed access services and, if so, the terms and
conditions which should apply in respect of such resale. In Decision 98-9,
the Commission noted that it considered there may be benefits associated with
such an arrangement. |
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III PROCEDURE |
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7.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 28 August 1998. Parties are to indicate in their
notice their Internet email address, where available. If parties do not have
access to the 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), identifying those parties who wish to receive
disk versions. |
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8.All parties may file a submission describing
their proposals with the Commission, serving copies on all other parties, by
11 September 1998. |
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9.All parties may file comments on the
submissions with the Commission, serving copies on all other parties, by 9
October 1998. |
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10.All parties may file comments in reply with
the Commission, serving copies on all other parties, by 30 October 1998. |
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11.Where a document is to be filed or served by
a specific date, the document must be actually received, not merely sent, by
that date. |
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12.The record of this proceeding may be examined
at the Commission's offices in the following locations: |
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room 201
Hull, Quebec |
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Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia |
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Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec |
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275 Portage Avenue
Suite 1810
Winnipeg, Manitoba |
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580 Hornby Street
Suite 530
Vancouver, British Columbia |
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13.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, and
available on the Commission's Internet site. The Commission's Internet email
address for electronically filed documents is
public.telecommunications@crtc.gc.ca. Electronically filed documents can
be accessed at the Commission's Internet site at
www.crtc.gc.ca . |
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This document is available in alternative
format upon request. |
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Laura M. Talbot-Allan
Secretary General |