ARCHIVED -  Telecom Public Notice CRTC 98-39

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Telecom Public Notice CRTC 98-39

  Ottawa, 17 December 1998


  File No.: 8640-S1-01/98
  1. Stentor Resource Centre Inc. (Stentor), by letter dated 6 October 1998, requested that the Commission grant final approval under section 36 of the Telecommunications Act (the Act) to involvement by any Canadian carrier in the content of that carrier's own Internet Service (IS).
  2. Section 36 of the Act states that "Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public".
  3. In Stentor's view, Commission approval of tariffs for carriers' ISs implies approval under section 36 of the Act. However, Stentor submitted that an explicit determination granting such approval would be desirable. Stentor further submitted that section 36 applies equally to forborne and tariffed services and further submitted that the determination requested would not affect, or be affected by the Commission's determinations pursuant to Internet Forbearance, Telecom Public Notice CRTC 98-17, 22 July 1998.
  4. In support of its application, Stentor noted that in other decisions, for example 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 has granted final approval under section 36 to broadcast carrier involvement in the content of ISs. Stentor noted that such involvement is a necessary aspect of providing ISs as the service provider must create or otherwise make available certain types of content to its customers in order to offer acceptable packages of ISs, and so it must select and control this content.
  5. The Commission is of the preliminary view that, consistent with the approach taken in Decision 98-9, it would be appropriate to grant final approval, pursuant to section 36 of the Act, to involvement by a Canadian carrier in the content of its own ISs.
  6. Interested parties may submit comments by 18 January 1999.
  7. BC TEL, Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Limited, NBTel Inc., Northwestel Inc., NewTel Communications Inc., TELUS Communications Inc., TELUS Communications (Edmonton) Inc. and Québec-Téléphone may reply by 26 January 1999.
  8. 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.
  9. The record of this proceeding may be examined, or will be made available promptly upon request, at the Commission's offices in the following locations:

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room G-5
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

55 St. Clair Avenue East
Suite 624
Toronto, Ontario

275 Portage Avenue
Suite 1810
Winnipeg, Manitoba

580 Hornby Street
Suite 530
Vancouver, British Columbia

  10. 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. The Commission's Internet email address for electronically filed documents is Electronically filed documents can be accessed at the Commission's Internet site at
  Secretary General
  This document is available in alternative format upon request.
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