ARCHIVED -  Telecom Public Notice CRTC 98-14

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ARCHIVED - Telecom Public Notice CRTC 98-14 | CRTC

Telecom Public Notice

  Ottawa, 9 July 1998
  Telecom Public Notice CRTC 98-14


  Reference: 8697-C12-02/98
  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.
  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.
  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.
  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.
  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.
  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:
  (a) The appropriate methodology by which rates for higher speed access services should be developed;
  (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;
  (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;
  (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
  (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.
  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.
  8.All parties may file a submission describing their proposals with the Commission, serving copies on all other parties, by 11 September 1998.
  9.All parties may file comments on the submissions with the Commission, serving copies on all other parties, by 9 October 1998.
  10.All parties may file comments in reply with the Commission, serving copies on all other parties, by 30 October 1998.
  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.
  12.The record of this proceeding may be examined at the Commission's offices in the following locations:
  Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room 201
Hull, Quebec
  Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia
  Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
  275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
  580 Hornby Street
Suite 530
Vancouver, British Columbia
  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 Electronically filed documents can be accessed at the Commission's Internet site at .
  This document is available in alternative format upon request.
  Laura M. Talbot-Allan
Secretary General
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