ARCHIVED -  Telecom Order CRTC 99-590

Telecom Order CRTC 99-590

Ottawa, 25 June 1999

On 25 February 1999, Optel Communications Corporation (Optel) filed an application under Tariff Notice (TN) 1, amended by TN 1A dated 7 April 1999, for approval of its General Tariff (CRTC 21240). The application provided proposed General Tariff Terms and Conditions, as well as terms and conditions for the provision of Access Services for Interconnection with Local Exchange Carriers (LECs), Interexchange Carriers (IXCs) and Wireless Service Providers (WSPs). On 10 March 1999, Optel filed an application under TN 2 for approval of tariff revisions providing for the introduction of Billing and Collection Service.

File Nos.: Tariff Notices 1 and 2

1. Comments were received from Bell Canada (Bell) on 26 March 1999. Bell noted that paragraphs 3.2 and 3.3 of the General Terms and Conditions should be the subject of negotiation between Optel and its customer, and should not be documented in the General Tariff. Bell identified various other paragraphs in Optel’s General Terms and Conditions section that required corrections.

2. Bell noted that Optel’s Basic Listings Information File Service (BLIF) appeared to be patterned after Bell’s Directory File Service. Bell requested that the Commission direct Optel to amend its BLIF tariff to provide for terms and conditions equivalent to those contained in Bell’s BLIF tariff, reflecting the file format and process recommended by the CRTC Interconnection Steering Committee Operator Services/Directory Listing Sub-working Group.

3. Bell noted that Optel included rates, with respect to traffic imbalances, that are higher than the Incumbent Local Exchange Carrier’s (ILEC’s) and submitted that Optel should correct its rates to be no higher than Bell’s rates.

4. Bell submitted that Optel’s terms and conditions with respect to Contribution Charges in its Access Service Tariff for Interexchange Carriers, were ambiguous and insufficient and would not ensure that the Commission’s directives are properly administered. Bell submitted that the ambiguity would be eliminated only if Optel’s tariff explicitly included all pertinent terms and conditions associated with the mechanism(s) for the recovery of contribution, including the applicable contribution rates. Bell submitted that the Commission should direct Optel to issue revised tariff pages.

5. In TN 1A, Optel filed amendments to its application in response to Bell’s comments.

6. The Commission, in a letter dated 15 April 1999, directed all LECs to adopt equivalent provisions to those approved in Telecom Order CRTC 99-352, 15 April 1999 with respect to Compensation for Traffic Imbalances. This directive applies to Optel.

7. The Commission notes that with respect to Optel’s tariff for Access Services for Interconnection with IXCs and Access Service for Interconnection with WSPs, Optel has specified that interconnection of services and facilities to any of Optel’s services and facilities is subject to their availability. The Commission notes that in Local Competition, Telecom Decision CRTC 97-8, 1 May 1999, (Decision 97-8), the Competitive Local Exchange Carriers (CLECs) were mandated to provide equal access to IXCs and WSPs as a condition of entry into the local exchange market. As a result, CLECs are required to provide at least one suitably equipped point of interconnection in each exchange in which they operate.

8. Optel indicated that subscriber access to its network is available by dialing 1+, 0+, and 011+. The Commission notes that Optel has omitted access by dialing 00-, 10XXX, and 01+ and that these additional dialing provisions are essential for completing various types of calls, such as casual calling and international calling.

9. Optel did not include terms and conditions in its Tariff for the provision of CCS7 signalling. The Commission considers that, pursuant to the directives of Decision 97-8, Optel is required to include terms and conditions in its tariff for the provision of CCS7 signalling.

10. Optel noted that it will not provide line-side access to IXCs and WSPs at this time. The Commission considers that Optel would not be able to restrict the use of its facilities for the provision of line-side access. The Commission therefore considers it is necessary for Optel’s General Tariff to include terms and conditions relating to the collection of contribution charges for interconnection on a line-side basis.

11. In Telecom Order CRTC 99-302, 31 March 1999 (Order 99-302), the Commission, among other things, amended the definitions for "Competitive Local Exchange Carrier", "Interexchange Carrier" and "Overseas Circuit". The Commission also approved tariff wording pertaining to the collection of contribution for Overseas Circuits and Canada-U.S. Circuits on a per minute basis. The Commission directed the CLECs specifically noted in the Order to (1) file proposed interim tariff revisions consistent with those granted interim approval in the Order and indicating an effective date of 1 April 1999, or (2) show cause why such tariffs should not be put in place on an interim basis.

12. The Commission considers that the determinations of Order 99-302 should apply to Optel and that Optel should either adopt the applicable wording in its tariff on a going forward basis or show cause as to why it should not.

13. The Commission considers that, in addition to the above, various changes and/or corrections to Optel’s Tariff are required to clarify various provisions and to ensure consistency with approved ILEC and CLEC tariffs.

14. With respect to the Terms of Service, the Commission considers that various provisions would more appropriately be included in the specific interconnection tariffs.

15. In light of the foregoing:

(A) The Commission approves the revisions proposed under TNs 1, 1A and 2 on an interim basis, with the following amendments.

1) With respect to the Terms, Definitions and General Services:

a) Delete Article 3 and paragraphs 5.5, 5.6, 8.3 and 8.4.

b) Add the following term to Article 4:

4.2 Where Optel does not provide service on an application, it must provide a written explanation upon request and may also be viewed at the following Internet site: www.crtc.gc.ca

c) Add the following statement to the end of paragraph 8.2: "Terminal equipment provided by the customer may be connected to Optel’s facilities, pursuant to the provisions of Optel’s tariffs, or by special agreement".

d) Replace paragraph 9.1 with the following:

"Unless a customer consents in writing or disclosure is pursuant to a legal power, all information kept by Optel regarding the customer, other than the customer’s name, address and listed telephone number, are confidential and may not be disclosed by Optel to anyone other than:

1. the customer;

2. a person who, in the judgement of Optel, is seeking the information as an agent of the customer;

3. another telephone company, provided the information is required for the efficient and cost effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;

4. a company involved in supplying the customer with telephone or telephone directory related services, provided that the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; and

5. an agent retained by Optel in the collection of the customer’s account, provided the information is required to be used only for that purpose."

e) Add the following term to Article 9:

9.3 Optel’s liability for disclosure of information contrary to Article 9.1 is not limited by Article 11.1.

f) In Tariff Item 102, Basic Listing Interchange File Service, paragraph 1.1, replace the reference to "Optel’s directories" with "a LEC’s directories".

g) In Tariff Item 102, the numbering "1.6" has been used twice. Renumber the paragraphs accordingly.

h) Add the following note to the end of Tariff Item 102:

"Listings provided under the terms and conditions of the BLIF agreement and this Tariff Item may not be shared, resold, rented or otherwise disposed of to third parties."

i) Delete Tariff Item 103 - Pay Telephone Basic Access Line Service.

j) Implement the indicated changes to the following definitions:

i) Delete the definitions for "PAL Carrier" and "0-(zero minus)".

ii) Add the following definition for "Overseas Circuit": "means a circuit that connects a service or facility of a Class A Licensee to a country other than the United States, directly or via an Overseas Carrier, for the purpose of providing overseas services, where the Class A Licensee controls the routing of the traffic carried on the circuit."

iii) Replace the definition of "CLEC" with the following: "means a Canadian Carrier as defined in section 2 of the Telecommunications Act, recognized as a CLEC by the CRTC pursuant to Telecom Decision CRTC 97-8."

iv) Add the following definition for "Class A Licensee": "means a telecommunications service provider who operates telecommunications facilities, whether owned by the service provider or leased by the service provider from a separate facilities provider, which are used in transporting basic telecommunications service traffic between Canada and another country. Such telecommunications service provider shall have obtained a Class A license for the provision of basic international telecommunications services from the CRTC. For more information refer to Telecom Decision CRTC 98-17 Attachments 1 and 2."

v) Add the following statement to the end of the definition for ILEC: "Incumbent Local Exchange Carrier means a LEC who provided local exchange service on a monopoly basis prior to 1 May 1997."

vi) Add the following statement to the end of the definition for LEC: "recognized by the CRTC".

2) With respect to the Access Services Tariff for Interconnection with Local Exchange Carriers:

a) With respect to Item 200 - Compensation for Traffic Termination, replace the current provisions with the following:

1. A traffic imbalance may occur for traffic that is exchanged between a local exchange carrier (LEC) and the company and terminated within the same exchange. Commencing six months after commercial launch, once an imbalance is detected for three consecutive months on specific trunk group(s), the company will notify the LEC of the imbalance. The monthly rates will be applied on the basis of actual traffic imbalances from the date of notification for as long as an imbalance exists. Billing would commence from the date of notification.

2. The company will notify the LEC when an imbalance is detected in the Company’s favour. The monthly rates specified below apply, for each trunk required at the busiest hour of the month, on the basis of actual traffic imbalances from the date of notification of the imbalance, for as long as the imbalance exists.

3) With respect to Access Service Tariff for Interconnection with Interexchange Carriers:

a) Replace the phrase "subject to the availability" in Item 300, paragraph 1 with: "Optel will provide an IXC with one suitably equipped point of interconnection in each exchange in which it operates".

b) Amend Item 300, paragraph 16.6 to state: "equivalent to those noted in 16.3 above".

c) In Item 300 paragraph 10, replace the word "finish" with the word "furnish".

d) Add the dialing provisions 00-, 10XXX and 01+ to the end of the first sentence in Item 301, paragraph 1.

e) In Item 301, add the following terms and conditions for the provision of CCS7 signalling after paragraph 1. Rates are to be no greater than those identified:

2. When CCS7 signalling is requested, CCS7 links are required. CCS7 links refer to the DS-0 channels between Optel’s designated gateway Signalling Transfer Points (STPs) and the IXC’s STPs or between Optel’s gateway STP and the IXC’s switch(es). This interconnecting arrangement may be provided by Optel, subject to the availability of suitable facilities, to carry CCS7 signalling information associated with interconnection circuits with trunk-side access which connect Optel to an IXC for the purpose of call set-up and take down.

5. An STP port connection is required for each DS-0 CCS7 link between Optel’s gateway STP and an IXC’s STP. An STP port connection is required for each DS-0 CCS7 link between Optel’s gateway STP and an IXC’s switch. An IXC may establish either STP-to-STP port connection or IXC switch-to-STP connection, but not both.

i) STP Port Connection, each port, each month: $1367.24

ii) IXC Switch to STP connection, each connection, each month: $835.50

iii) Provisioning of IXC Switch to STP connections, each IXC $3,933.00

Renumber the provisions in Item 301 accordingly.

f) In Item 304.1 (1.1) amend the first sentence as follows: When an interconnecting circuit is associated with trunk-side access or line-side access, the contribution charges specified in 1.2 below apply for each minute of originating or terminating traffic.

g) In Item 304.4, add the following terms with respect to exemptions from Contribution Charges:

4.1 The contribution charges specified in paragraph 1 of this Item do not apply when an interconnecting circuit associated with line-side access is used to provide a dedicated voice service, dedicated data service or a local service or is associated with a stand-alone administrative location or system which is not directly connected to the IXC’s interexchange network, provided that the IXC applies to the Commission on a case-by-case basis and provides evidence satisfactory to the Commission that by reasons of technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.

The contribution charges specified in paragraphs 2 and 3 of this Item do not apply when a Canada-U.S. Circuit or an Overseas Circuit is used to provide a dedicated voice service, dedicated data service or a joint-use data service or is used to provide an international transit service not connected to the Canadian PSTN, or is unused and not connected for service provided that the IXC applies to the Commission on a case-by-case basis and provides evidence satisfactory to the Commission that by reasons of technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.

Renumber the current provisions accordingly.

h) In Item 301, paragraph 7.1, add the dialing provisions 01+ and 00- to the end of the phrase "the IXC can offer its subscriber customer access to its network through 1+, 01+ and 011+ dialing". Replace the word "subscriber" with the word "subscribed". Delete "0+ and 011+" from the phrase "which provide direct voice access to the PSTN through 1+, 0+ and 011+ dialing".

i) In Item 302, paragraph 1, add the following phrase to the end of the paragraph: "and/or to obtain instructions for making immediate long distance calls via casual calling".

j) In Item 305 - Billing and Collection Service, delete paragraphs 2.2 and 2.3. In paragraph 3.1, delete the phrase "in the following territory".

4) With respect to the Access Services Tariff for Interconnection with Wireless Service Providers:

a) In Item 400, paragraph 1, replace the sentence: "This service is subject to the availability of suitable facilities and the availability of a wire centre with appropriate equipment" with "Optel will provide an WSP with one suitably equipped point of interconnection in each exchange in which it operates".

b) In Item 401, add the following terms and conditions for the provision of CCS7 signalling under Article 4. Rates are to be no greater than those identified:

4.1 The CCS7 Interconnection service will provide WSPs using trunk-side access with the ability to interconnect their own CCS7 signalling network with Optel’s signalling network in order to exchange the ISUP signalling information necessary to support the completion of calls between the two networks. The following rates and charges are applicable in addition to those applicable for interconnection for traffic termination:

4.2 WSP STP to a Optel gateway STP multiples of 4 links, each link: $1611.05 per month.

4.3 Transport of CCS7 messages between Optel’s gateway STPs and Optel’s switches to which the WSP has obtained Trunk-side Interconnection:

up to 12 trunks, per trunk $0.13 per month

up to 24 trunks, per trunk $0.23 per month

up to 36 trunks, per trunk $0.27 per month

up to 48 trunks, per trunk $0.29 per month

up to 60 trunks, per trunk $0.31 per month

up to 72 trunks, per trunk $0.32 per month

up to 84 trunks, per trunk $0.33 per month

up to 96 trunks, per trunk $0.33 per month

more than 96 trunks, per trunk $0.34 per month

4.4 Administration: The charges apply to the initial engineering, planning, and testing activities associated with a WSPs initial request to develop network interfaces and to implement CCS7 network interconnection arrangements. The activities include engineering, operations and translations work required to provision initial CCS7 interconnection for WSP STP to Optel gateway STP connection.

Service Charge: $78,500

(B) Optel is directed to amend Items 304(2) and 304(3) to reflect the determinations of Order 99-302 on a going forward basis or to show cause why the determinations should not apply.

(C) Optel is directed to file its PIC/CARE Handbook and BLIF agreement with the Commission for approval.

(D) Optel is to issue revised tariff pages within 10 days of the date of this Order incorporating the changes set out above.

Secretary General

This document is available in alternative format upon request and may also be viewed at the following Internet site: www.crtc.gc.ca