ARCHIVED -  Telecom Order CRTC 99-913

Telecom Order

Ottawa, 23 September 1999

Telecom Order CRTC 99-913

On 31 August 1999, Northwestel Inc. filed an application for approval of revisions to Message Toll Service, Two-Point Service Item 201, delaying the effective date of tariff modifications previously approved by the Commission in Telecom Order CRTC 99-805 to 7 October 1999, due to the implementation of its new customer care and billing system.

File No.: 8638-S1-01/98

1. In Telecom Order CRTC 99-434, 12 May 1999, (the Order) the Commission established the criterion that it would apply when considering whether to grant forbearance for High Capacity and Digital Data Services (DDS) interexchange private line (IXPL) services offered by BC TEL, TELUS Communications Inc., Bell Canada, MTS Communications Inc., Maritime Tel & Tel Limited, NBTel Inc., Island Telecom Inc. and NewTel Communications Inc. (collectively, "the Companies") not already forborne from on the selected routes identified in Appendix 2 of Stentor Resource Centre Inc. - Forbearance from Regulation of Interexchange Private Line Services, Telecom Decision CRTC 97-20, 18 December 1997 (Decision 97-20).

2. In the Order, the Commission also established a process for the consideration of further forbearance for High Capacity and DDS IXPL services offered by the Companies. Consistent with this process, in the Order the Commission directed all competitors that provide telecommunications services to file, by 10 August 1999, serving copies on the relevant Companies, a report identifying all IXPL routes for which they provide or offer service that meet the criterion established in the Order.

3. By letter dated 2 August 1999 Vidéotron Télécom ltée and AT&T Canada Corp. (the applicants) filed an application requesting that the Commission (1) review and vary that part of the Order that required competitors of a Company to serve on the relevant Companies their reports identifying the specific routes that satisfy the criterion in the Order, and (2) pending disposition of the review and vary application, stay the requirement to serve the reports on the relevant Companies. The applicants noted that they would file the reports by 10 August 1999 but with the Commission only.

4. AT&T Canada Corp., Vidéotron Télécom ltée, Call-Net Enterprises Inc. and MK Telecom Network Inc. (MK Telecom), by letters dated 10 August 1999, and Fundy Telecom Inc. (Fundy), by letter dated 12 August 1999, filed in confidence with the Commission their reports identifying the specific routes that satisfied the criterion established in the Order. MK Telecom and Fundy filed abridged versions for the public record. Shaw Fiberlink Ltd. was the only competitor to file its report setting out the relevant routes on the public record, and stated that it would serve it on the relevant Companies.

5. Consistent with the submissions of the applicants in the proceeding initiated by their stay and review and vary application, the Commission notes that granting forbearance at this time on the routes identified by the competitors would not be inconsistent with the relief sought by the applicants in their application.

6. Based on the information contained in the reports filed by the competitors, the Commission finds that the High Capacity and DDS IXPL services of the Companies on the routes identified in Appendix A of this Order satisfy the criteria under section 34 of the Telecommunications Act for a forbearance determination.

7. In particular, the Commission finds that a determination to forbear from regulation of the High Capacity/DDS services listed in Appendix 1 of Decision 97-20, for the routes in Appendix A of this Order, would, under subsection 34(1) of the Act, be consistent with the Canadian telecommunications policy objectives set out in section 7. In addition, the Commission finds that it would be appropriate to forbear under subsection 34(2) of the Act on the basis that the forborne services are or will be subject to a level of competition sufficient to protect the interests of users of these services. Finally, the Commission finds that to forbear would not impair unduly the establishment or continuance of a competitive market for the forborne services.

8. The scope of forbearance hereby granted is the same as that granted in Decision 97-20.

9. The relevant Companies are directed to issue tariff pages removing the tariffs for the services in Appendix 1 of Decision 97-20 for the routes in Appendix A of this Order, to be effective on the date of issuance of the tariff pages. Pursuant to subsection 34(4) of the Act, sections 25 and 31 and subsections 27(1), 27(2), 27(4), 27(5), and 27(6) and (in part) section 24 and subsection 27(3) will no longer apply to the Companies' High Capacity/DDS and Multicom and Datalink services set out in Appendix 1 of Decision 97-20 for the routes in Appendix A of this Order to the extent that they are inconsistent with the Commission's determinations herein.

10. The Commission will determine whether the information in the reports filed by the competitors should be disclosed on the public record and served on the relevant Companies when it disposes of the stay and review and vary applications.

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 

Appendix A
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 X = Table 1

Routes identified by competitors

 Appendix A
Page 2 of  9

Table 1

X = Routes identified by competitors

 Appendix A
Page 3 of  9

Table 1

X = Routes identified by competitors

 Appendix A
Page 4 of  9

 Table 1

X = Routes identified by competitors

Appendix A
Page 5 of  9

Table 2

X = Routes identified by competitors

 Appendix A
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 Table 2

X = Routes identified by competitors

Appendix A
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Table 2

X = Routes identified by competitors

 Appendix A
Page 8 of  9

 Table 2

X = Routes identified by competitors

Appendix A
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