ARCHIVED -  Telecom Order CRTC 99-950

Telecom Order

Ottawa, 1 October 1999

Telecom Order CRTC 99-950

On 20 July 1999, Fundy Cable Ltd./Ltée (Fundy) filed an application under Tariff Notice (TN) 6, amended by TN 6A dated 13 August 1999 and TN 6B dated 10 September 1999, for approval of its General Tariff (CRTC 26750). 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 6

1.Comments on TN 6 were received on 16 August 1999 from Bell Canada (Bell) on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited (MTT), MTS Communications Inc., NBTel Inc. and NewTel Communications Inc. On 19 August1999, Fundy filed reply comments. Comments on TN 6A were received on 16 September 1999 from TELUS Communications Inc. and BC TEL (together TELUS).

2.Bell submitted that Fundy's Tariff requires a definition for Class B Licensee, and suggested that a number of definitions including those for Incumbent Local Exchange Carrier (ILEC), Sharing Group, Subscriber, Trunk-Side Access, and Listings require amendments.

3.In TN 6A, Fundy proposed to adopt most of the amendments suggested by Bell. However, Fundy objected to including a definition of Class B Licensee in its tariff given that the term does not appear in it.

4.The Commission agrees with Fundy that its tariff need not include a definition of Class B Licensee.

5.Bell submitted that in Item 300, 1b), a reference to Schedule 3 - Terms and Definitions is required. Fundy stated that this has not been required for other competitive local exchange carriers (CLECs) and does not appear necessary for the purposes of Fundy's General Tariff.

6.The Commission notes that while Bell has not raised this concern with respect to any previous CLEC tariff application, Schedule 3 is part of the CLEC-IXC agreement. The Commission considers that for the purpose of completeness a reference to Schedule 3 should be added.

7.Bell noted that Fundy has not provided any information on whether or not its exchange areas will be equivalent to those of the ILECs. Bell submitted that the Commission should provide directives specifying the terms and conditions to be included in Fundy's Tariff regarding recovery of toll contribution from interexchange services, as defined by the ILECs' exchange boundaries.

8.Bell also submitted that the tariff provisions with respect to contribution should also include a clause to confirm that an IXC that combines the use of its local services to provide an interexchange service should be subject to contribution charges.

9.Fundy submitted that the additional provisions suggested by Bell are unnecessary given that: 1) it is clear that contribution charges apply on all interconnecting circuits whether they have trunk-side or line-side access; and 2) the contribution exemption provisions clearly indicate when charges would not apply.

10.The Commission notes that the determinations of Local Competition, Telecom Decision CRTC 97-8, 1 May 1997 (Decision 97-8) with respect to the recovery of toll contribution from interexchange services are clearly stated in that decision and that Fundy's Contribution Charge provisions are similar to those found in the ILECs' and other CLECs' tariffs. The Commission considers, however, that an additional note, for the purpose of clarity, should be added to the contribution charge provisions specifying that the contribution charges applicable to IXCs, other than the ILEC, would also be applicable to Fundy in relation to its interexchange services where the interexchange services in question are defined by the ILECs' exchange boundaries.

11.The Commission considers that, in addition to the above, the wording associated with the contribution charges applicable to the ILEC should be amended to clarify that the charges apply to the ILEC in the territory in which Fundy operates.

12.Bell submitted that Fundy should add a paragraph with respect to contribution rates specifying that charges would not apply where the IXC certifies that it does not transport traffic that would otherwise be contribution eligible over contribution exempt direct access lines (DALs). This addition would reflect the Commission's determinations in Contribution on Traffic Carried by Alternate Providers of Long Distance Services over Direct Access Lines, Telecom Decision CRTC 99-9, 20 July 1999 (Decision 99-9).

13.Fundy submitted that it is premature to incorporate Bell's proposed wording at this time given that the change in the DAL surcharge will only come into effect 1 January 2000. Fundy submitted that any change in its tariff should only come into effect at the time the surcharge comes into effect. Fundy submitted further that Decision 99-9 did not direct the telephone companies or others to make tariff changes to reflect the inapplicability of the DAL surcharge.

14.The Commission notes that the directives of Decision 99-9 will not come into effect until 1 January 2000 and agrees with Fundy that it is not necessary to include the applicable provisions at this time.

15.Bell submitted further that Fundy requires a provision with respect to contribution exemptions that apply to competitive pay telephone service providers indicating that they are exempt from contribution if they are not directly connected to an interexchange network.

16.Fundy submitted that in Local Pay Telephone Competition, Telecom Decision CRTC 98-8, 30 June 1998, the Commission did not direct CLECs to file tariffs setting out the terms and conditions for Pay Telephone access. Fundy submitted that it is inappropriate to include this in its tariff as it would be included in any negotiated contracts.

17.The Commission considers that it is important for the contribution exemption regime applicable to competitive pay phone service providers to be enforced by all LECs if it is to be meaningful.

18.The Commission notes that Bell in its submission suggested wording changes with respect to Fundy's tariff for WSP interconnection. Fundy stated that it would be willing to adopt Bell's suggested changes.

19.The Commission notes that Fundy has not included tariff provisions associated with the reservation and assignment of telephone numbers with outpulsing, and that these are a required component of line-side interconnection with WSPs.

20.The Commission notes that Fundy has proposed provisions and rates for Interconnection Trunk Termination, per DS-1 at a rate of $137.10 per month and that this is a component of Bell's Tariff. Under MTT's tariff, the link charges associated with digital services are as per the National Services Tariff for Digital Network Access. The DS-1 Link Charge for each serving wire centre or rate centre is $60 per month for each DS-1.

21.The Commission notes that, pursuant to Decision 97-8, CLECs were required to file proposed tariffs providing for WSP interconnection that are equivalent to the terms and conditions contained in the ILECs' tariffs, justifying any departure therefrom. The Commission notes that Fundy did not provide any rationale for using the provisions found in Bell's tariff as opposed to MTT's tariff. Since Fundy will be providing local service in the operating territory of MTT, the Commission considers that Fundy requires provisions equivalent to those found in MTT's tariff for interconnection with WSPs.

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

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

24.The Commission notes that the proposed tariff would apply in the absence of an agreement between a municipality and Fundy where the latter offers service. 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 further that Fundy's 9-1-1 ERS tariff provisions are identical to those found in other approved CLEC tariffs.

25.The Commission considers that, in addition to the above, various changes and/or corrections to Fundy's Tariff are required to clarify various provisions.

26.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, amend the following definitions as indicated:

i)change the reference to 1 May 1997 from 1 May 1999 in the definition of "Incumbent Local Exchange Carrier";

ii)change the reference from "APLDS" to "IXC's" in the definition of "Interconnection Circuit";

iii)replace the proposed definition of "sharing group" with: means two or more persons engaged in sharing; and

iv)add the words "and other services" to the end of the definition for "subscriber".

(b) In Item 101, paragraph 8.3, amend the reference to Article 10 to read Article 10.1.

(c)In Item 102.2, Definitions, delete the word "Master" from "Fundy's BLIF Master" in the definition for "Listings".

(d)In Item 300.1(b), add a reference to Schedule 3 - Terms and Definitions.

(e)In Item 301.1(b) delete the reference to CCS7 signaling in the last sentence.

(f)In Item 301.1(c), delete the reference to CCS7 links.

(g)In Item 301.3(a):

(i)in the first sentence, delete the dialling provisions 10XXX and 1+800/877/888; and

(ii)in the second sentence, add the word "end" before the word "customer's".

(h)In Item 302.1(a), add the following additional note:

"Where applicable, the contribution charges specified above will be attributed to Fundy's toll traffic where interexchange services are defined by the ILECs exchange boundaries."

(i)In Item 302.1(a), in the second table, change the wording from "Applicable to ILEC Traffic" to "Applicable to the traffic of the ILEC operating in the territory".

(j)In Item 302.2, delete the word "Access" from the title of the Item.

(k)In Item 302.4, add the following provisions:

"Where a competitive pay telephone service provider uses interconnecting circuits which are not directly connected to an interexchange network provided by the competitive pay telephone service provider or by another service provider, the contribution charges specified in Item 302.1 do not apply. An application to the Commission for a contribution exemption is not required."

(l)In Item 400.1, in the definition for "telephone numbers", change the words "without pulsing" to "with outpulsing".

(m)In Item 401.1(a), in the first sentence, add the words "or a line-side" after the words "trunk-side".

(n)Delete Item 402.3, Interconnection Trunk Termination, per DS-1. Renumber 402.2, Network Charge, as 402.3. Add the following new provision as 402.2:

2. The link provides the wire centre equipment required to terminate an Access channel (analogue or derived digital) in Fundy's selected serving wire centre. Answer supervision and multi-frequency signalling are included.

(a) Link (analogue) each channel: $13.35/month

(b) Link (digital) each serving wire centre or rate centre as appropriate, all serving areas: each DS-1, $60.00/month

(o)In Item 402.2(b):

i)add the words "trunk-side or line-side access" after "Monthly Rates per Channel";

ii)delete the first line of the rate table; and

iii)delete the word "toll" from interexchange contribution charges applicable "per activated toll access channel" in the last line of the rate table and in the last sentence of the associated note.

(p)Insert the following provisions as Item 402.4:

4. Telephone Numbers - seven digit numbers equipped with outpulsing:

(a) Provided in the Halifax exchange as a dedicated NXX.

(b) In all other exchanges, telephone numbers may be assigned by Fundy, or reserved by the WSP for future use. Numbers will be reserved for a minimum of one month and remain as such until placed in service or released by the WSP. The following rates also apply for telephone numbers which have been transferred to the WSP's mobile switch.

Each seven-digit telephone number equipped with outpulsing: $0.14/month

Each reserved seven-digit telephone number equipped with outpulsing: $0.04/month

(c) The Service Charge which applies for all telephone numbers placed in service at one time in any one location shall be $126.00.

(d) The Service Charge which applies for each request for any quantity of telephone numbers reserved at one time in any one location shall be $98.00.

(e) CO Code Administration: The service charge to recover the initial CO switch translation costs specified below applies per block of 1,000 telephone numbers where 1,000 Block Routing is requested. This service arrangement will provide for Trunk-side Access in locations where the WSP has a minimum of a 1,000 telephone number block but less than a full NXX.

Service Charge: $74.95

(f) Where telephone numbers have been transferred to a WSP's mobile switch, the WSP will provide a monthly report of active and reserved numbers to Fundy for billing purposes and the Service Charges noted in 4(c) and (d) above will not apply.

2.Fundy 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