ARCHIVED - Telecom Order CRTC 99-511
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Ottawa, 7 June 1999
Telecom Order CRTC 99-511
File No.: Bell TN 6307
1. On 26 November 1998, Bell Canada (Bell) filed Tariff Notice
(TN) 6307 proposing to introduce Advantage Business Offer Service
in Rate Bands A and B. On 30 December 1998, Bell filed TN 6307A
amending the original filing to extend the service offering to Rate
Bands C and D and also change the name of the proposed service to
Local Link Package. Bell filed an imputation test with each of the
2. The Commission granted the applications interim approval in
Telecom Order CRTC 98-1303 dated 22 December 1998 and Telecom Order
CRTC 99-114 dated 8 February 1999 respectively.
3. A similar proposal had been filed by Bell under TN 6198 on 19
March 1998. That service was called Centrex Essentials. The Commission
denied TN 6198 in Telecom Order CRTC 98-680 dated 10 July 1998 (Order
98-680) because the filing specifically excluded resale and the
proposed rates did not meet the imputation test in Rate Band D.
4. Interventions on the current filing were received from Optel
Communications Corporation on behalf of itself and Telephone Savings
Network (collectively referred to as Optel) dated 17 December 1998;
from Vidéotron Télécom ltée (VTL) dated
22 December 1998; from MetroNet Communications Group Inc. (MetroNet)
dated 22 December 1998; and from AT&T Canada Corp. (formerly
AT&T Canada Long Distance Services Company) on behalf of itself
and ACC TelEnterprises Ltd. (AT&T Canada) dated 23 December
1998. A second letter of intervention was received from Optel dated
11 January 1999 and from VTL dated 29 January 1999.
5. Bell filed its reply on 8 February 1999.
II BELL'S PROPOSAL
6. In its proposal, Bell stated that Local Link Package provides
small to medium business market customers (1 to 15 lines) a combination
of exchange service and intercommunicating service consisting of
two pre-defined, non-customizable bundles of station features, as
well as access to the public switched telephone network (PSTN).
7. Optel noted that a service similar to Bell's Local Link was
filed previously in Bell TN 6198, 19 March 1998, and further, that
the Commission denied TN 6198 because it failed to pass the imputation
test in Rate Band D, and because of the proposed provision in the
tariff that prevented resale. Optel submitted that the issue of
unjust discrimination caused by the provision proposed in TN 6198
that prevented resale by single and multi-hop resellers has not
been addressed by TN 6307. Optel stated that the provision in the
current filing which limits the number of calls that can be simultaneously
call forwarded to three, makes the service unusable for this application.
III PARTIES' POSITION
8. AT&T Canada stated that the inclusion of the restriction
of simultaneous call forwarding was effectively a technical limitation
to resale and was therefore unjustly discriminatory.
9. In its covering letter to the application, Bell stated that
the proposed Local Link Package addressed the concerns expressed
by the Commission in Order 98-680. That is, the proposed rates meet
the imputation test and the proposed service is available for resale.
10. With respect to interveners' submissions that limiting the
number of simultaneous calls forwarded effectively limits resale
of the service, Bell replied that in order to compensate for bundling
the PSTN connection into the rate for Local Link Package locals,
the company is proposing to limit the number of simultaneous calls
forwarded to three rather than the unlimited number of calls currently
available on Centrex III service. This limitation would permit full
utilization of features while eliminating the high volume call forwarding
situations, which ultimately led to the introduction of the unbundled
PSTN connection charge. Bell further submitted that, contrary to
the allegations of Optel and AT&T Canada, Local Link Package
provides all customers, including Centrex resellers, with another
service option that is available for resale. Single and multi-hop
resellers will have to determine whether it is in their interest
to subscribe to this service or to other alternative services such
as Centrex III.
11. VTL, in its submission, compared the price of the proposed
Local Link Package with that of an individual business line configured
with a similar set of features and also with the price for Centrex
III service also configured with similar features, and, based on
the results of its comparison, stated that this difference in rates
for identical services is clearly unjustly discriminatory.
12. In its reply, Bell submitted that VTL's examples were flawed,
in part, due to unreasonable assumptions VTL had made. Bell further
submitted that VTL's analysis demonstrated nothing more than the
fact that Bell offers differing services under different conditions
at differing prices and that offering customers such choice is clearly
not unjustly discriminatory.
13. Optel submitted that approval of Bell TN 6307 at this time
would do substantial harm to the competitive environment that the
Commission has worked so hard to create. AT&T Canada stated
that Local Link Package will cut deeply into competitor's attempts
to attain market share and could effectively suppress local competition
at this important juncture.
14. MetroNet submitted that Bell should be required to maintain
the existing rate relationships between high and low volume Centrex
15. Bell replied that it appears that the interveners are of the
view that they have been granted an exclusive market share and appear
to be looking to the regulatory process to protect this share. Bell
submitted that, contrary to the interveners' allegations in this
regard, Local Link Package fully complies with the Commission's
guidelines for competitive service filings in that it passes the
imputation test and is available for resale. In the company's submission,
the proposed service provides customers, including resellers, with
greater choice and alternative service arrangements, thereby enhancing
16. The interveners expressed their concern with regard to the
proposal that the one-year contract for Local Link Package automatically
renews unless the customer informs the company at least 30 days
prior to the end of the 12-month period of its choice to terminate
service. For example, MetroNet submitted that this type of "negative
option" contract renewal was not in the public interest.
17. In response, Bell noted that the customer is made aware of
contract renewal options when subscribing to the service. Further,
unlike the negative option concept, the company would not be requiring
customers to subscribe to a service level, which differs from that
which they currently receive. Rather, automatic renewal of service
is a consumer-oriented method of providing a continuous level of
service at a fixed price. Bell also stated that the automatic renewal
feature allows the company to offer the service at a lower price.
18. Both MetroNet and AT&T Canada submitted that Bell's proposal
to bundle PSTN connections with local charges is in violation of
Telecom Order CRTC 93-405 (Order 93-405).
19. In response, Bell noted that Order 93-405 dealt specifically
with the company's TNs 4454 and 4454A pertaining to tariff
revisions to Centrex III Service and quoted the following excerpt
from Telecom Order CRTC 93-1141 dated 30 December 1993: ".in
Order 93-405, the Commission found that the proposed rates were
anti-competitive and discriminatory, in that their levels were excessive
and would in large part only apply to resellers, and thus directed
the company to file tariff revisions that apply equally to all Centrex
users". Bell submitted that the proposals in TNs 6307 and 6307A
respond to the Commission's conclusions in Order 93-405.
IV COMMISSION DETERMINATION
20. The Commission notes that the proposed Local Link Package offers
bundled PSTN connectivity but limits the number of simultaneous
calls forwarded, while the existing Centrex III tariffs include
extra charges for each link to the PSTN but do not limit the number
of calls forwarded at any one time. Customers choosing between Local
Link Package and Centrex III service may decide if unlimited PSTN
connectivity or unlimited call forwarding suits their business plan.
21. The Commission considers that Local Link Package is an optional,
bundled Centrex offering available to all customers under the same
conditions and is therefore not unjustly discriminatory.
22. Concerning interveners' submissions that approval of Bell TN
6307 at this time would harm the competitive environment, the Commission
notes that Bell's proposal meets the conditions for introducing
a new service. The Commission notes in this respect that the proposed
service offering passes the imputation test.
23. The Commission considers that the proposed automatic renewal
feature of this proposal does not constitute a negative option service
subscription. In this case, business customers specifically subscribe
to a service and sign an agreement that outlines the automatic renewal
feature. The Commission further notes that this type of automatic
renewal is a common feature of business agreements.
24. With respect to interveners' submissions that the proposed
bundled PSTN connection contravenes Order 93-405, the Commission
notes that it did not rule against bundled PSTN connections in that
Order. Since the service proposed in TNs 6307 and 6307A is available
to all customers under the same conditions, and is available for
resale, the Commission considers that the service is neither anti-competitive
nor unjustly discriminatory.
25. In light of the above, the Commission grants final approval
to TNs 6307 and 6307A.
26. The Commission notes that the limit of three simultaneous calls
forwarded, while stated in the covering letter to the above TNs,
is not mentioned in the tariff. The Commission therefore directs
Bell to issue revised tariff pages, within 30 days, that state this
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