ARCHIVED -  Telecom Order CRTC 99-865

Telecom Order

Ottawa, 8 September 1999

Telecom Order CRTC 99-865

On 14 April 1998, Northern Telephone Limited (Northern) filed an application for approval of tariff revisions to Section N890, Lease of Channels, pursuant to a letter from the Commission dated 27 November 1997. In that letter, the Commission directed Northern to show cause as to why Items 1.03 and 1.04 of Section N890 should not be deleted. Northern was also directed to show cause as to why Section N850, Use of Customer-Provided Terminal Equipment with the Company's Facilities, and Section N890 of its General Tariff should not be updated to reflect Industry Canada's Certification Procedure document CP-01 and Certification Standard document CS-03.

File No.: Tariff Notice 83

1.Northern proposed to delete Items 1.03 and 1.04 of Section N890 and a few additional changes primarily related to the attachment of customer-provided equipment to these channels.

2.The Commission notes that Northern did not object to updating Sections N850 and N890 but nevertheless failed to implement revisions to reflect Industry Canada's Certification Procedure document CP-01 and Certification Standard document CS-03.

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

I. The proposed tariff revisions are approved with the following modifications:

a) Section N850

i) replace the text in Item 1.01 by the following:

"Equipment, apparatus or devices provided by the customer may not be attached to, connected to, or used with the Company's facilities unless they are certified under Industry Canada's Terminal Attachment Programme, CP-01 Certification Procedure, and bear a label indicating compliance with the appropriate technical standards. In addition, the connection must comply with the installation requirements set out in the appropriate standards. Upon approval by the Commission, the Company may impose further requirements, if necessary, to ensure compatibility with its network.";

ii) replace the text in Item 1.02 by the following:

"Connection or use of approved equipment shall be made only with approved connecting equipment.";

iii) replace the text in Item 1.03 by the following:

"The Company makes no claims or representations, and assumes no responsibility for the suitability, design, performance, installation, operation or maintenance of customer-provided equipment which is intended to be connected to the Company's network.";

iv) replace the text in Item 1.04 by the following:

"Subject to due notice as provided for in Industry Canada's Terminal Attachment Programme, CP-01 Certification Procedure, and Industry Canada Notices, the Company reserves the right to change, in whole or in part, the design, function, operation or layout of its network, as it considers necessary. The Company shall not be responsible to any customer or user for the customer where customer-provided equipment ceases to be compatible with the Company's facilities or network or becomes inoperative because of such changes.";

v) replace the text in Item 1.05 by the following:

"The Company does not warrant or represent its facilities or network to be or to remain compatible with or to the use of customer-provided equipment, apparatus or devices notwithstanding its compliance with the above. The Company shall not be liable to the customer for any claims arising out of such incompatibility.";

vi) delete Item 1.06 and renumber Items 1.07 and 1.08 as Items 1.06 and 1.07;

vii) insert the following text in a new Item 1.08:

"The customer is responsible for the installation, operation and maintenance of equipment, apparatus or devices that the customer provides and which are attached to or connected to or used with the Company's network.";

viii) replace the text in Item 1.09 with the following:

"Subject to the preceding requirements, telephones provided by a customer may be connected to the Company's facilities in accordance with Items 2 and 3.";

ix) delete Item 1.10;

x) delete the second paragraph under Item 2.01;

xi) delete Item 3.02;

xii) delete Items 5 through 8 and renumber subsequent Items accordingly;

b) Section N890

i) from Item 1.01, delete the following words: "which is eight inches from the closest non-competitive cable terminal or at the first logical point of entry on the customer's premise";

ii) delete Items 1.02, 1.05, 1.08, 1.09 and 1.10 and renumber the other Items accordingly;

iii) replace the text in Item 2.05 with the following:

"Transmission may be in one direction, or in both directions simultaneously, or alternately in either direction. Duplex operation is provided as specified in N260 3.01 (d). See Item 2.05 (c) for alternate use arrangements.";

iv) in Item 2.08 (c) (4), change the reference from "Item 1.10" to "Item 1.07";

v) delete Items 2.02, 2.03, 2.04, 2.08 (c) (2) and 3.02 (a), and renumber the other Items accordingly;

vi) in Item 3.02 (c), change the reference from "(b)" to "(a)";

vii) delete Items 4.03 (c) and 5.01 (c);

viii) delete the third sentence of Item 5.01 (d) which should be renumbered as Item 5.01 (c); and

ix) renumber Item 5.01 (e) as 5.01 (d).

II. Northern is directed to issue revised tariff pages including the modifications outlined above, within 10 days of the date of this Order.

Secretary General

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