ARCHIVED -  Telecom Order CRTC 99-1114

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Telecom Order CRTC 99-1114

 

Ottawa, 2 December 1999

 

On 30 September 1999, Vidéotron Télécom ltée, on behalf of itself and AT&T Canada Corp. (the applicants), filed an application requesting that the Commission a) review and vary, and b) stay that part of Telecom Order CRTC 99-905 dated 17 September 1999 (Order 99-905) that required them to serve on the relevant companies the list of specific routes that meet the forbearance criterion established in the order.

 

File No.: 8662-V2-02/99

 

1. The applicants stated that their request was identical to their application of 2 August 1999 regarding Telecom Order CRTC 99-434 dated 12 May 1999 (Order 99-434), relative to the former Stentor-member companies.

 

2. On 19 and 25 October 1999 respectively, Québec-Téléphone and Télébec ltée (Télébec) filed comments. On 5 November 1999, the applicants filed reply comments.

 

3. Québec-Téléphone submitted that the Commission should reject the applicants' request. Québec-Téléphone submitted that the applicants had failed to demonstrate how disclosure of the routes that meet the forbearance criterion could result in significant harm to their competitive position.

 

4. Québec-Téléphone further requested that the Commission direct all competitors to file quarterly reports under affidavit, even if there are no routes on which they provide service that meet the criterion established in Order 99-905.

 

5. Télébec filed comments agreeing with Québec-Téléphone's position.

 

6. The applicants reiterated the arguments they submitted in the context of their application relative to Order 99-434 and submitted that the Commission should approve their request.

 

7. The applicants were opposed to Québec-Téléphone's request that competitors be required to file reports even when they do not provide service that meets the criterion established in Order 99-905. The applicants submitted that quarterly reports filed under affidavit would be of no additional benefit to the Commission, Québec-Téléphone and Télébec, but would instead impose an additional burden on competitors and the Commission.

 

8. The Commission notes that Québec-Téléphone's request that competitors be required to file quarterly reports, even if there are no routes on which they provide service that meet the criterion established in Order 99-905, is inconsistent with that Order. The Commission further considers that no purpose would be served by requiring competitors to file reports in these circumstances. The Commission notes that Québec-Téléphone and Télébec may file applications requesting forbearance on any routes that have not been reported but which, in their estimation, meet the forbearance criterion established in Order 99-905.

 

9. The Commission notes that the same arguments have been raised in this proceeding as in the proceeding relative to Order 99-434. For the reasons outlined in Telecom Order CRTC 99-1113 also issued today, the Commission hereby denies the applicants' review and vary application.

 

10. Given this disposition, the Commission notes that it need not dispose of the applicants' stay request as it is moot.

 

Secretary General

 

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