ARCHIVED -  Telecom Order CRTC 98-704

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Telecom Order

Ottawa, 17 July 1998
Telecom Order CRTC 98-704
In the matter of a letter dated 7 May 1998 from Westel Telecommunications Ltd. (Westel) with respect to an application for contribution exemption.
File No.: 8626-W1-02/97
1.In Telecom Order CRTC 98-320 dated 8 April 1998 (Order 98-320), the Commission deferred disposing of Westel's application for contribution exemption dated 30 December 1997 for certain interconnecting circuits which are used by Internet Service Providers (ISPs). The Commission requested that Westel clearly indicate whether (1) Westel itself is providing the Internet services to end-users; or (2) a customer, or customers, of Westel (i.e., a reseller or an ISP) is providing the Internet services to end-users.
2.By letter dated 7 May 1998, Westel, pursuant to Order 98-320, attested that customers of Westel (i.e., ISPs) are providing the Internet services to end-users.
3.Westel stated that given that its customers are providing the Internet services to end-users, it provided, consistent with the Commission's directive, affidavits from Westel's ISP customers which attest that they only provide Internet service and do not offer voice services. Westel stated that the affidavits further attest that the services for which contribution exemption is being requested are used only to provide Internet services. Westel stated that each affidavit also lists the name and address of the ISP and name and position of the signing officer, along with the circuit number and location of each circuit that is leased from Westel.
4.Westel submitted 16 of the 18 affidavits from its ISP customers. Westel stated that given the short timeframe that it had to obtain these affidavits, it requested that the Commission grant it a two-week extension to obtain and submit the remaining two affidavits.
5.Westel submitted that the names and pertinent information of these ISP customers were confidential and submitted the affidavits in confidence to the Commission. Westel stated that for the benefit of BC TEL, it had filed a sample copy of the affidavit in order for BC TEL to review what the ISPs are attesting to. Westel stated that it also provided a complete list of the circuit numbers and locations which are found on the ISP's affidavits.
6.By letters dated 8 and 21 May 1998, Westel provided the two outstanding affidavits from its ISP customers.
7.The Commission is of the view that Westel has met the evidentiary requirements for an exemption for ISP connecting circuits as set out in Order 98-320.
8.In light of the above, Westel's application is approved effective the date of application (30 December 1997), pursuant to Effective Date of Contribution Exemptions, Telecom Public Notice CRTC 95-26, 12 June 1995.
Laura M. Talbot-Allan
Secretary General
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