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Telecom Public Notice CRTC 98-41
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Ottawa, 18 December 1998 |
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BELL CANADA - FORBEARANCE FROM REGULATION OF THE PROVISIONING OF SINGLE
LINE INSIDE WIRE
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File No.: 8640-B2-01/98 |
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1. On 1 October 1998, Bell Canada (Bell),
pursuant to Part VII of the CRTC Telecommunications Rules of
Procedure, requested that the Commission forbear wholly and
unconditionally from regulating the provisioning by Bell of telephone
single line inside wire and jacks (single line inside wire) pursuant to
section 34 of the Telecommunications Act (the Act). |
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2. Bell requested that the Commission refrain
from exercising its powers and performing all its duties under sections 24,
25, 27, 29 and 32 of the Act in relation to the provision of single
line inside wire. The service is provided pursuant to Item 75 of Bell's
Tariffs. |
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3. Bell stated that the single line inside
wire market consists of provisioning, rearrangement and repair activities
associated with single line inside wire and jacks on the customer side of
the demarcation point for all residence and business customers, with the
exception of inside wiring and jacks for two and four party-line services
as well as "hard-wired" single line services until such time as jacks are
installed. |
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4. Bell submitted that there is competition in
the single line inside wire market, and that the Commission should forbear
from regulation of single line inside wire pursuant to subsection 34(2) of
the Act. Bell also submitted that, with respect to subsection 34(3),
forbearance from regulation would not unduly impair competition in the
market for single line inside wire. |
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5. Comments were received from the Public
Interest Advocacy Centre (PIAC). PIAC stated that some degree of
forbearance might be appropriate. However, PIAC suggested that increased
competition in the single line inside wire market may be due to the high
rates being charged by Bell, and that Bell's market share may increase once
these rates come down as a result of forbearance. PIAC also expressed
concerns about enforcement of safety standards and system integrity in a
forborne environment. |
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I BACKGROUND |
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6. In BC Tel and Bell Canada - Transfer of
Inside Wire to Premises Owners and Introduction of Lineguard Service,
Telecom Decision CRTC 94-2, 2
February 1994, among other matters, the Commission denied the proposed
transfer of responsibility for single line inside wire to customers. It
expressed concerns that the companies' proposed insurance plan for repair
and maintenance of single line inside wire would result in additional
charges, with no apparent additional benefits to customers. |
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7. In Review of Regulatory Framework,
Telecom Decision CRTC 94-19,
16 September 1994, the Commission established the criteria it considers
relevant to determine the competitiveness of markets for the purpose of
forbearing from regulation of a telecommunications service or class of
services. |
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8. In Telecom Order CRTC
98-856, 27 August 1998 (Order
98-856), the Commission concluded that markets for inside wiring services
in the territory served by Télébec ltée (Télébec) are sufficiently
competitive to protect the interests of users, and forbore from regulation
of inside wire provided by Télébec. |
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9. In Order
98-856, the Commission also
concluded that, in view of changed market conditions for inside wiring,
Télébec would not obtain an undue preference from offering an insurance
plan for inside wiring. |
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10. In Location of Demarcation Point for
Inside Wire in Multi-Tenant Buildings and Associated Issues,
Telecom Public Notice CRTC 98-35, 2 December 1998
(PN 98-35), the Commission invited comments on issues related to the
location of the demarcation point between the local loop and building
inside wiring in multi-tenant buildings. |
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II ISSUES |
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11. The Commission invites comments on issues
relating to the forbearance from regulation of Bell's services relating to
the provisioning of single line inside wire. In addition to any general
comments, parties are asked to address the following issues: |
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(1) whether there is sufficient competition in
the market for single line inside wiring services in Bell's service
territory to protect the interests of users, and accordingly, whether
forbearance pursuant to section 34 of the Act would be warranted; |
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(2) whether Bell should be permitted to offer
an insurance plan for repair and maintenance of inside wiring; |
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(3) whether, if forbearance is appropriate,
any conditions should be imposed that would continue to apply to Bell. |
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III PROCEDURE |
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12. Bell's application may be examined at the
company's business offices or at the offices of the Commission at the
following locations: |
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Room G-5
Hull, Quebec
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
55 St. Clair Avenue East,
Suite 624
Toronto, Ontario |
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13. Bell is made a party to this proceeding.
Other parties wishing to participate in the proceeding must notify the
Commission of their intention to do so by writing to the Secretary General,
CRTC, Ottawa, Ontario, K1A 0N2, fax 819-953-0795, by 11 January 1999.
Parties are to indicate in their notice their Internet address, where
available. If parties do not have access to the Internet, they are to
indicate 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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14. Other documents forming part of the record
of this proceeding may be examined at the Commission's offices in Hull, or
will be made available at the above Regional Offices promptly upon request. |
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15. Parties who have already filed comments on
Bell's application prior to the issuance of this Public Notice will be
added to the list of interested parties and their comments will be added to
the record of this proceeding. |
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16. All parties may file comments with the
Commission, serving copies on all other parties, by 22 January 1999. |
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17. Parties may file reply comments with the
Commission, serving copies on all other parties, by 12 February 1999. |
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18. Where a document is to be filed or served
by a specific date, the document must be actually received, not merely
mailed, by that date. |
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19. 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
public.telecom@crtc.gc.ca. Electronically filed documents can be
accessed at the Commission's Internet site at
http://www.crtc.gc.ca. |
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Secretary General |
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This document is available in alternative
format upon request. |