ARCHIVED -  Telecom Order CRTC 99-774

Telecom Order

Ottawa, 10 August 1999

Telecom Order CRTC 99-774

On 22 April 1999, Eastlink Limited (EastLink) filed an application under Tariff Notice (TN) 1, amended by TN 1A dated 30 June 1999, for approval of its General Tariff (CRTC 21270). 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).

File No.: Tariff Notice 1

1.Comments were received on 25 May 1999 from Bell Canada (Bell) on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., and NewTel Communications Inc. On 4 June 1999, EastLink filed reply comments.

2.Bell submitted that EastLink had not included a reference to Basic Listing Interchange File (BLIF) service in its proposed tariff. Bell requested that the Commission direct EastLink to file a BLIF tariff and to make the service available to LECs for the purpose of providing telephone directories and directory assistance service.

3.The Commission notes that under TN 1A EastLink included tariff provisions for BLIF service. The Commission considers that these modifications are generally appropriate. The Commission however notes that EastLink's BLIF tariff requires several small changes, as outlined below, for the purpose of clarification.

4.Bell submitted that EastLink has not included any reference to billing and collection or casual calling in the tariff.

5.EastLink stated that it intends to offer casual calling and to enter into appropriate billing and collection agreements with IXCs. EastLink submitted that these agreements would be filed with the Commission.

6.The Commission notes that by letter dated 6 August 1998, Competitive Local Exchange Carriers (CLECs) were required to file tariffs for the provision of Billing and Collection Service.

7.The Commission notes that in Article 1 of its proposed Terms of Service, EastLink has included provisions which would more appropriately be included under an Article addressing limitations of EastLink's liability.

8.The Commission considers that, with respect to terms relating to EastLink initiated suspension or termination of service, an additional statement is required specifying that where repeated efforts to contact the customer have failed, EastLink will deliver advance notice of suspension or termination to the billing address.

9.The Commission notes that EastLink's tariff terms would incorrectly apply the contribution charge applicable to the Incumbent Local Exchange Carrier (ILEC) to itself where it provides interexchange services. The Commission notes that the rates applicable to IXCs other than the ILECs would be the rates applicable to EastLink.

10.The Commission notes further that EastLink has retained the per circuit monthly charges for Overseas and Canada-U.S. Circuits. The Commission notes that Regulatory Regime for the Provision of International Telecommunications Services, Telecom Decision CRTC 98-17, 1 October 1998 and Telecom Order CRTC 99-302, dated 31 March 1999, provide for the collection of contribution on Overseas and Canada-U.S. circuits on a per minute basis. The Commission considers that some changes to the article are also required to ensure that EastLink's tariffs are consistent with the ILECs' tariffs and other approved CLEC tariffs.

11.The Commission notes that the proposed terms relating to exemptions from contribution charges reflect incorrect references to services and lack clarity.

12.The Commission considers that, in addition to the above, various changes and/or corrections to EastLink's tariff are required to clarify various provisions and to ensure consistency with approved ILEC and CLEC tariffs.

13.In light of the foregoing, the Commission orders that:

1. The proposed tariffs are approved on an interim basis, with the following amendments:

(a) In Item 101, renumber Article 10 as Article 11 and renumber the subsequent Articles accordingly. Move Articles 1.2 and 1.3 to a new Article 10 entitled "Limitation of EastLink Liability". Insert 1.2 as 10.1 and 1.3 as 10.2.

(b) In Item 101, renumber Article 1.1 as 1.3 and add the following Articles:

"1.1 Except as otherwise specified, these Terms apply with regard to all services, facilities and interconnection arrangements provided by EastLink to its Customers. For greater certainty, these Terms do not apply to services and facilities provided by EastLink to its end customers.

1.2 These Terms do not limit EastLink's liability in cases of deliberate fault or gross negligence or of breach of contract where the breach results from the gross negligence of EastLink."

(c) In Item 101, Article 8.3, change the reference from Article 1.2 to Article 10.1.

(d) In Item 101, Article 13.3, add the following sentence to the end of the article: "Where repeated efforts to contact the Customer have failed, EastLink will deliver such advance notice to the billing address."

(e) In Item 102, Article 1.1, in the second sentence, add the acronym "LEC" before the phrase "directories and directory assistance databases".

(f) In Item 102, Article 1.7, in the first sentence, replace "Directory Listing" with "BLIF". Replace (a) with "Non-published Telephone Numbers".

(g) In Item 302, Article 1.1, in the last sentence add the word "making" before the word "immediate".

(h) In Item 304, Article 1.2 replace "an ILEC" with "the ILEC" and add the following sentence at the end of the article:

"Where applicable, the contribution charges specified in Article 1.2 above will be attributed to EastLink's toll traffic."

(i) In Item 304, Article 1.3, replace the first sentence with the following:

"Contribution Charge for the ILEC's IX traffic, each minute of traffic:"

(j) In Item 304, Article 2.1(a) replace the phrase "the contribution charges specified in Item 80.1.(a)" with "the per minute contribution charges specified in Item 304, Article 1".

(k) Delete the per circuit contribution charges in Item 304, Article 2.1.

(l) In Item 304, Article 3.1(a) in the first sentence:

(i) replace "the Company's" with "the ILEC's"; and

(ii) replace the words "the monthly contribution charges specified below apply" with "the per minute contribution charges specified in Item 304, Article 1 apply."

(m) Delete Item 304, Article 3.1(c).

(n) Replace Item 304, Article 4 with the following:

(a) When an interconnecting circuit is solely used to access EastLink's switched toll services, the contribution charges specified in Articles 1, 2 and 3 of this Item do not apply.

(b) The contribution charges specified in Article 1 of this Item do not apply when an interconnecting circuit associated with line-side access is:

- used to provide dedicated voice or dedicated data service, or

- used to provide a local service, or

- 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 directly to the Commission on a case by case basis and provides evidence satisfactory to the Commission that by reasons of the technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.

(c) Likewise, the contribution charges specified in Articles 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 or dedicated data service, or

- used to provide a joint-use data service, or

- used to provide an international transit service not connected to the Canadian PSTN, or

- unused and not connected for service, provided that the IXC applies to the Commission on a case by case basis and provides evidence that by reasons of the technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange voice applications.

2. EastLink is directed to file forthwith its PIC/CARE Handbook and BLIF agreement for approval.

3. EastLink is directed to file forthwith a tariff for the provision of Billing and Collection Service for approval.

4. EastLink is to issue forthwith revised tariff pages 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.