ARCHIVED -  Telecom Order CRTC 99-879

Telecom Order

Ottawa, 13 September 1999

Telecom Order CRTC 99-879

On 4 May 1999, Gateway Telephone (Gateway) filed an application under Tariff Notice (TN) 1, amended by TN 1A dated 16 July 1999, for approval of its General Tariff (CRTC 21260). 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 4 June 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 21 June 1999, Gateway filed reply comments.

2.Bell noted that a definition of IXC is missing from Gateway's proposed tariff and that it should correspond to the definition provided in Telecom Order CRTC 99-302 (Order 99-302). The Commission notes that it agreed with several Competitive Local Exchange Carriers (CLECs) who submitted that the definition in Order 99-302 would incorrectly exclude Incumbent Local Exchange Carriers (ILECs) from the application of the CLECs' tariffs and as a result proposed to retain their existing IXC definition. The Commission notes that Gateway's proposed definition in TN 1A is consistent with the definition of IXC in approved CLEC tariffs.

3.Bell requested that the Commission direct Gateway to file a Basic Listing Interchange File (BLIF) service tariff reflecting terms and conditions equivalent to those in the companies' tariffs.

4.The Commission notes that under TN 1A Gateway included provisions for BLIF service in its proposed tariff.

5.Bell submitted that until a final determination is made regarding the ILECs' transiting filings, Gateway should amend its tariff for the termination of traffic from exchanges within the local calling area.

6.In TN 1A, Gateway adopted Bell's suggested wording. The Commission notes that Bell's wording would allow for the delivery of traffic from an exchange where Gateway does not have a point of interconnection using bill and keep trunks. The Commission notes further that this would be contrary to the determinations of Local Competition, Telecom Decision CRTC 97-8, 1 May 1997. Pending a final determination with respect to traffic transiting, the Commission considers that Gateway's proposed tariff requires additional wording to clarify that both parties must agree as to the use of bill and keep trunks in the delivery of such traffic.

7.Bell submitted that where the proposed terms require IXCs to register with the CRTC or file information with the CRTC, the wording should be amended to specifically exclude the ILECs from this requirement. Bell noted that pursuant to Telecom Decision CRTC 92-12, all new IXCs were to register with the Commission, but that this requirement excluded the ILECs. Given the Commission's determination with respect to the definition of IXC, the Commission considers that the wording recommended by Bell to exclude the ILECs from the above noted requirements would be appropriate.

8.Bell submitted that Gateway's 9-1-1 Emergency Response Service (ERS) pertains to 9-1-1 service provided to end-customers and thus should be deleted from Gateway's Tariff since the Commission forbore from regulating CLEC tariffs to end-users.

9.Bell noted that the ILECs are the 9-1-1 service providers to the municipalities, not Gateway, since Gateway is reselling Bell's 9-1-1 service to its end-users.

10.Bell submitted further that sub-item 12 of Item 205, 9-1-1 Municipal Charges, would more appropriately be included in an agreement between the municipalities and Gateway.

11.The Commission notes that providing 9-1-1 ERS is a requirement for CLECs and considers that the provisions pertaining to 9-1-1 service should not be deleted as submitted by Bell. The Commission notes that the proposed tariff would apply in the absence of an agreement between a municipality and Gateway where the latter offers service. The Commission notes further that Gateway's 9-1-1 ERS tariff provisions are identical to those found in other approved CLEC tariffs.

12.The Commission notes that in sub-item 12, the tariff states that the service is available to municipalities in the Province of Quebec only. The Commission considers that sub-item 12 should be deleted in its entirety, given that Gateway indicated that it would not be operating in the Province of Quebec at the current time.

13.The Commission notes that, with respect to Part A, Item 100, Terms of Service, sub-item 7, "Restrictions on Use of Service", Gateway requires additional wording specifying that equipment provided by the customer may be connected with Gateway's facilities. This would be consistent with the terms found in the ILECs' tariffs and other approved CLEC tariffs.

14.The Commission notes that the term "Alternate Provider of Long Distance Service" (APLDS) generally excludes the ILECs. The Commission is of the view that the use of the term APLDS in Part C of the Tariff would incorrectly exclude ILECs from the tariff provisions for interconnection and considers that the use of the term "IXC" is more appropriate.

15.The Commission considers that an additional provision is required in Gateway's Tariff for Interconnection with IXCs to address the application of contribution charges to itself where it provides interexchange services.

16.The Commission notes that the proposed tariff for contribution charges applicable on Canada-U.S. and Overseas Circuits incorrectly refers to Gateway when it should refer to the ILEC. The Commission notes that the reference to the ILEC in the Tariff pertains to the ILEC in the applicable operating territory.

17.The Commission notes that Gateway has included a provision for "Interconnection Trunk Termination" but has not defined or provided rates for this service. The Commission considers that the provisions should be amended accordingly.

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

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

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

(a) In Item 100, paragraph 7.1, add the following sentence at the end of the paragraph:

"Equipment provided by the Customer may be connected with Gateway's facilities, pursuant to the provisions of Gateway's Tariffs, these Terms, or by special agreement."

(b) In Item 101, delete the definition of APLDS.

(c) Replace Item 200, paragraph 2.2, with the following:

"Where Gateway does not have a POI within the originating exchange of a local calling area, if both parties agree, LEC originated traffic can be delivered to Gateway in the terminating exchange via bill and keep trunks, otherwise separate one-way trunks will be used."

(d) In Part C, replace every occurrence of the term "APLDS" with "IXC", including the header.

(e) In Item 300, paragraphs 1.13 and 1.14, add the phrase "excluding the ILECs" after "an IXC".

(f) In Item 301, paragraph 1.4, in the first sentence add "and CCS7 links" after "trunk-side access".

(g) In Item 301, paragraph 1.5, in the second sentence replace the words "may be" with "is" and delete the words "or by another designated ILEC as determined by network design requirements".

(h) In Item 301, paragraph 3.1, in the first sentence, delete the dialling provisions 1-800/888/877 and 10XXX.

(i) In Item 302, paragraph 1.1, add the following to the end of the last sentence:

"and/or to obtain instructions for making immediate long distance calls via casual calling."

(j) In Item 305, paragraph 1.2, add the following additional note with respect to contribution charges that applies to each minute of traffic for IXCs other than the ILECs:

"Where applicable, the contribution charges specified above will be attributed to Gateway's toll traffic."

(k) In Item 305, paragraph 1.2, in the second table, change "ILEC" to "the ILEC's".

(l) In Item 305, paragraphs 4.1 and 4.2, the references to "Gateway Telephone" should be replaced with "ILEC".

(m) In Item 402, paragraph 2.2:

- move the first line of the table, "Link, each channel line-side access: $12.70" to paragraph 1.2;

- add "Line-side or Trunk-side access" after "Monthly Rates,"; and

- delete the last row of the table entitled "CCS7: $6.60".

(n) In Item 402, paragraph 2.4, amend "Interconnection Trunk Termination" as follows:

"Interconnection Trunk Termination, per DS-1 (Trunk-side access): Monthly Rate $137.10".

(o) Renumber paragraphs 2.5 and 2.6 as paragraphs 2.6 and 2.7. Insert the following as paragraph 2.5:

"2.5 Seven-digit telephone numbers with outpulsing are provided either as a dedicated group of 10,000 consecutive telephone numbers (an entire NXX) as outlined in 2.5.1 below, or individually from a non-dedicated NXX as outlined in 2.5.2.

2.5.1 A WSP may reserve, for future use, a group of 10,000 consecutive seven-digit telephone numbers (entire NXX) which are available from appropriately equipped switching equipment in those areas where a forecast warrants the dedication of an entire NXX. A monthly rate applies for each telephone number and a service charge applies for each request to place telephone numbers in service in any one location. Where the WSP requests an entire NXX, monthly reservation charges as specified in 2.5.3 (ii) apply to the telephone numbers reserved but not in service.

2.5.2 A WSP may reserve for future use a quantity of seven-digit telephone numbers with outpulsing at the rates and charges specified in 2.5.3 (ii). These numbers will be reserved for a minimum of one month and remain as such until placed in service or released by the WSP.

These seven digit telephone numbers with outpulsing will be assigned from those which are available from appropriately equipped switching equipment within the Metropolitan Area and, when placed in service, will be provided at the rate specified in 2.5.3 (i).

Seven-digit telephone numbers with outpulsing are provided at the rates and charges specified in 2.5.3 (i).

2.5.3 (i) Each seven-digit telephone number with outpulsing:

Monthly Rate: $0.14 (Note 1)
Service Charge: $126.00 (Note 2)

2.5.3 (ii) Reserved seven-digit telephone numbers with outpulsing, each:

Monthly Rate: $0.04 (Note 1)
Service Charge: $98.00 (Note 3)

Note 1: Applies whether the telephone numbers are located in either Gateway's and/or the WSP's switch.

Note 2: A single service charge applies for all telephone numbers placed in service at one time in any one location.

Note 3: Applies for each request for any quantity of telephone numbers reserved at one time in any one location.

2.5.4 The WSP is responsible for all charges levied in respect to all calls associated with any of the seven-digit telephone numbers so assigned and placed in service.

The reservation or placing in service of seven-digit telephone numbers with outpulsing does not provide for a directory listing of such number."

(p) Renumber Item 402, paragraph 2.6, delete Article 2.6.2, and renumber Article 2.6.3 accordingly.

(q) Delete Item 502, sub-item 12, "9-1-1 Municipal Charges".

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

3. Gateway is to issue forthwith, revised tariff pages incorporating the changes set out above.

Secretary General

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