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ARCHIVED -  Telecom Decision CRTC 99-4

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Telecom Decision

Ottawa, 31 March 1999
Telecom Decision CRTC 99-4
STENTOR - REQUEST FOR APPROVAL UNDER SECTION 36 OF THE TELECOMMUNICATIONS ACT
File No.: 8640-S1-01/98
1.Stentor Resource Centre Inc. (Stentor), on behalf of and with the concurrence of BC TEL, Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., NewTel Communications Inc., Northwestel Inc., TELUS Communications Inc., TELUS Communications (Edmonton) Inc. and Québec-Téléphone, 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.
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". In this context, controlling the content or influencing the meaning involves, for example, creating the service's home page and selecting links to other websites.
3.The Commission issued Telecom Public Notice CRTC 98-39, Stentor - Request Approval Under Section 36 of the Telecommunications Act, 17 December 1998, to seek comment on Stentor's request and on the Commission's preliminary view, expressed in that Public Notice, that consistent with the approach taken in other decisions it would be appropriate to grant the approval requested.
4.Stentor 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 Telecom Public Notice CRTC 98-17, Internet Forbearance, 22 July 1998.
5.Télébec ltée commented in support of Stentor's request and the Commission's preliminary view.
6.The Commission hereby grants approval under section 36 of the Act to involvement by any Canadian carrier in the content of that carrier's own Internet Service, whether such services are tariffed or forborne.
Secretary General
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