ARCHIVED -  Telecom Order CRTC 99-857

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Telecom Order


Ottawa, 3 September 1999


Telecom Order CRTC 99-857


On 1 April 1999, TELUS Communications Inc. (TCI) filed Tariff Notices (TNs) 76 and 77 proposing to extend the enrolment periods for the TCI Unlimited YAK PAK Promotion and the TCI Unlimited YAK PAK PLAnet Promotion. The applications were given Commission approval in Telecom Orders CRTC 99-405 and 99-406 on 3 May 1999. Comments were received on 30 April 1999 from Call-Net Enterprises Inc. (Call-Net).


File Nos.: Tariff Notices 76 and 77


1.The Commission has examined the applications on a de novo basis, in light of the comments received from Call-Net.


2.The YAK PAK promotions offer TCI's residential customers a package of services consisting of residential basic exchange service, including Message Relay Service, and a choice of SmartTouch services. The Unlimited YAK PAK PLAnet promotion package also includes 100 hours of TELUS PLAnet Internet service.


3.The Commission notes that the enrolment period for the promotions ran from 4 January 1999 to 4 May 1999. TCI proposed to extend the enrolment periods to 4 September 1999. Customers can retain the services from the date of enrolment to 4 December 1999.


4.Call-Net noted that, in general, the combined enrolment and subscription periods of a promotion must not exceed twelve months. Call-Net submitted that, pursuant to TNs 76 and 77, the promotions would have enrolment periods of nine months (4 January 1999 to 4 September 1999) and subscription periods of eleven months (4 January 1999 to 4 December 1999). Call-Net submitted that the proposed extensions should be denied as the combined enrolment and subscription periods would be twenty months.


5.The Commission notes that the benefit period ends on 4 December 1999, regardless of the date of enrolment. The Commission is of the view that the combined period of enrolment and discounted subscription is, therefore, eleven months (4 January 1999 to 4 December 1999).


6.Call-Net also submitted that the tariff filings should be denied as they did not include conditions to preclude illegal winback attempts.


7.The Commission notes that in a letter dated 16 April 1998 re: Commission Decision Regarding CRTC Interconnection Steering Committee Dispute on Competitive Winback Guidelines, the Commission directed that an Incumbent Local Exchange Carrier (ILEC) may not attempt to win back a customer, by way of communication on an individual basis, for a period of three months after that customer's service has been completely transferred to another local service provider. An ILEC may attempt to win back customers who call to advise them that they intend to change local service providers.


8.TNs 76 and 77 do not provide any indication that TCI does not intend to adhere to the Winback Guidelines. The Commission notes that customers are not required to switch from an Alternate Provider of Local Service or respond to a marketing contact in order to subscribe to the promotions.


9.In light of the above, the Commission orders that TNs 76 and 77 be approved on a de novo basis.


Secretary General


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