ARCHIVED -  Telecom Public Notice CRTC 99-21

Telecom Public Notice

Ottawa, 1 October 1999

Telecom Public Notice CRTC 99-21

NORTHWESTEL INC. - IMPLEMENTATION OF TOLL COMPETITION AND REVIEW OF REGULATORY FRAMEWORK, QUALITY OF SERVICE AND RELATED MATTERS

File Nos.: 8622-N1-04/99; Tariff Notices 677 and 712

1. In Northwestel Inc. - Interconnection of Interexchange Carriers and Related Resale and Sharing Issues, Telecom Decision CRTC 98-1, 11 February 1998 (Decision 98-1), the Commission, among other things, found that:

(1) toll competition in the operating territory of Northwestel Inc. (Northwestel), subject to appropriate terms and conditions, was in the public interest and ordered that toll competition be introduced, not before 1 July 2000, following the disposition of the Commission's proceedings on (a) High-Cost Serving Areas and (b) the determination of the specific terms and conditions of toll competition in Northwestel's territory; and

(2) as much as possible, the terms and conditions of toll competition in Northwestel's territory should be the same throughout Canada; however, modifications may be required to reflect the uniqueness of Northwestel's operating environment.

2. In Service to High-Cost Serving Areas, Telecom Public Notice CRTC 97-42, 18 December 1997 (the High-Cost Areas Proceeding), the Commission initiated a proceeding to address the issue of service to high-cost serving areas. The Commission will issue a decision in that proceeding shortly.

3. The Commission hereby initiates a proceeding to consider the terms and conditions to allow for toll competition in the operating territory of Northwestel and other matters, including the matters set out in the Commission's pending Decision in the High-Cost Areas Proceeding as well as Northwestel's Tariff Notices 677, 677A and 712 relating to directory assistance and operator handled surcharges. The Tariff Notices and the record of the proceeding to examine Tariff Notices 677 and 677A are hereby made part of the record of this proceeding. When addressing the issues set out below, parties should take into consideration the determinations made in Decision 98-1 and to be made in the Commission's pending Decision in the High-Cost Areas Proceeding.

4. It is the Commission's intention to issue a decision in this proceeding in the fourth quarter of year 2000.

Issues

5. The Commission seeks comments, on the following matters:

i) Toll competition: the appropriate terms and conditions needed to introduce sustainable toll competition in Northwestel's territory;

ii) Regulatory framework: any appropriate changes to the existing regulatory framework that may be necessary when implementing toll competition, including the method of regulation for Northwestel; and

iii) The changes to directory assistance and operator handled surcharges proposed in Tariff Notices 677, 677A and 712.

6. The Commission seeks comments and also expects Northwestel, in its submission, to provide evidence to address: (i) financial issues, such as forecasts of revenues, expenses, and capital expenditures, as well as an appropriate capital structure and rate of return on common equity; (ii) matters related to the quality and level of services provided; and (iii) any other matters identified in the pending Decision in the High-Cost Areas Proceeding.

Procedure

7. Northwestel is made a party to this proceeding. Interested parties wishing to participate in this proceeding must notify the Commission of their intention to do so by writing to: Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: 819-953-0795, by 15 December 1999. Interested parties are to indicate in the notice their Internet email address, where available. If interested parties do not have access to the Internet, they are to indicate in their notice whether they wish to receive disk versions of hard copy filings. The Commission will issue a complete list of interested parties and their mailing addresses (including Internet email addresses, if available), identifying those parties who wish to receive disk versions.

8. Any person who wishes to file only written comments in this proceeding, without receiving copies of the various submissions, may do so by writing to the Commission at the address noted in paragraph 7 by 23 June 2000.

9. Northwestel is directed to file, by 17 January 2000, its submission addressing the relevant matters as set out above. This submission must be filed with the Commission, serving copies on all interested parties.

10. The Commission will issue initial interrogatories to Northwestel by 1 November 1999.

11. Responses to initial interrogatories issued pursuant to paragraph 10 are to be filed with the Commission and served on all interested parties by 17 January 2000.

12. Requests by interested parties for public disclosure of information for which confidentiality has been claimed in the response to the interrogatories issued pursuant to paragraph 10, setting out in each case the reasons for disclosure, must be filed with the Commission and served on Northwestel by 24 January 2000.

13. Written responses to requests for public disclosure filed pursuant to paragraph 12 must be filed with the Commission and served on all interested parties by 1 February 2000.

14. The Commission will issue a determination with respect to the requests for disclosure as soon as possible and intends to direct that any information to be provided pursuant to that determination be filed with the Commission and served on interested parties by 15 February 2000.

15. Interested parties may address interrogatories to Northwestel. Any such interrogatories must be filed with the Commission and served on Northwestel by 7 February 2000.

16. Written responses to interrogatories issued pursuant to paragraph 15 are to be filed with the Commission and served on interested parties by 28 February 2000.

17. Requests by interested parties for further responses to their interrogatories addressed pursuant to paragraph 15 specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out the reasons for disclosure, must be filed with the Commission and served on the relevant person by 7 March 2000.

18. Written responses to requests for further responses to interrogatories and for public disclosure addressed pursuant to paragraph 17 must be filed with the Commission and served on all interested parties by 14 March 2000.

19. The Commission will issue a determination with respect to requests for further responses and for disclosure as soon as possible, and intends to direct that any information to be provided pursuant to that determination be filed with the Commission and served on all interested parties by 28 March 2000.

20. Interested parties may file, by 10 April 2000, submissions addressing the relevant matters as set out above. Such submissions must be filed with the Commission, serving copies on Northwestel and interested parties.

21. Northwestel and interested parties may address interrogatories to any person who files submissions pursuant to paragraph 20. Any such interrogatories must be filed with the Commission and served on the relevant person by 27 April 2000.

22. Responses to interrogatories addressed pursuant to paragraph 21 are to be filed with the Commission and served on Northwestel and interested parties by 12 May 2000.

23. Requests by Northwestel and interested parties for further responses to their interrogatories addressed pursuant to paragraph 21, specifying in each case why a further response is both relevant and necessary, and requests for public disclosure of information for which confidentiality has been claimed, setting out the reasons for disclosure, must be filed with the Commission and served on the relevant person by 19 May 2000.

24. Written responses to requests for further responses to interrogatories and for public disclosure addressed pursuant to paragraph 23 must be filed with the Commission and served on Northwestel and interested parties by 26 May 2000.

25. The Commission will issue a determination with respect to requests for further responses and for disclosure as soon as possible, and intends to direct that any information to be provided pursuant to that determination be filed with the Commission and served on Northwestel and interested parties by 8 June 2000.

26. Where a document is to be filed or served by a specific date, the document must actually be received, not merely mailed, by that date.

27. In addition to hard copy filings, Northwestel and interested parties are encouraged to file with the Commission electronic versions of their submissions in accordance with the Commission's Interim Telecom Guidelines for the Handling of Machine-Readable Files, dated 30 November 1995. The Commission's Internet email address for electronically filed documents is procedure.telecom@crtc.gc.ca. Electronically filed documents can be accessed at the Commission's Internet site at http://www.crtc.gc.ca.

Regional Consultations and Oral Proceeding

28. The Commission intends to conduct two regional consultations at Whitehorse, Yukon in the Town Hall Room of the Best Western Gold Rush Inn, 411 Main Street, one starting at 8:30 a.m. and a second starting at 4:30 p.m. on 12 June 2000.

29. For regional consultations to be held in Whitehorse, Yukon, Northwestel will provide video links to the following locations:

(a) Conference Room, Phoenix Hotel, 5319-50th Avenue, Fort Nelson, British Columbia;

(b) Conference Room, 2nd Floor, Northwest Tower, Northwestel Inc., Yellowknife, Northwest Territories; and

(c) Conference Room, Northwestel Building, Iqaluit, Nunavut.

30. The Commission will hold an oral hearing commencing at 9:30 a.m. on 13 June 2000 in the Town Hall Room of the Best Western Gold Rush Inn, 411 Main Street, Whitehorse, Yukon. The Commission expects that the hearing will last no longer than two weeks. The Commission may limit the scope of the issues to be examined in the oral hearing.

31. Interested parties wishing to appear at the oral hearing shall file notice of their intention to participate no later than 20 April 2000. Prior to the commencement of the oral hearing, the Commission will issue further directions on procedure with respect to the oral hearing, including the scope of the issues to be examined during the oral hearing.

32. In addition to, or instead of, presenting oral final argument, Northwestel and interested parties may file written final argument with the Commission with a copy served on Northwestel and interested parties by the later of 23 June 2000, or the end of the oral hearing.

33. Northwestel may file reply argument with the Commission with a copy served on interested parties by the later of 30 June 2000 or seven days following the end of the oral hearing.

Notification of Subscribers

34. Northwestel is to mail billing inserts notifying their subscribers that pursuant to the Commission's direction: (i) Northwestel has filed its proposal to establish the terms and conditions to allow for toll competition in Northwestel's operating territory as well as other related matters and the notice should include a summary of its proposal; (ii) this proposal will be available for public inspection during normal business hours at the business offices of the telephone company and the offices of the Commission; (iii) subscribers may provide comments by writing to the Commission by 23 June 2000 and/or by making representations at regional consultations; and, (iv) persons wishing to participate at the regional consultations are to notify the Commission by 29 May 2000, indicating in which official language they intend to participate. Billing inserts should be received by all subscribers no later than 1 May 2000. Northwestel is directed to file its proposed billing insert for Commission approval by 17 January 2000.

Location of CRTC offices

35. The documents made part of the record of this proceeding may be examined during normal business hours at the CRTC offices listed below:

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Hull, Quebec
Tel: (819) 997-2429
Fax: (819) 953-0795
TDD: (819) 994-0423

580 Hornby Street
Suite 530
Vancouver, British Columbia
Tel: (604) 666-2111
Fax: (604) 666-8322
TDD: (604) 666-0778

Secretary General

This document is available in alternative format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca.