ARCHIVED -  Public Notice CRTC 1999-124

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Public Notice

Ottawa, 29 July 1999
Public Notice CRTC 1999-124
Public Notice Call for comments on a proposal to amend section 10 of the Broadcasting Distribution Regulations, submitted by the Canadian Cable Television Association
Summary
The Commission seeks public comment regarding a proposal submitted by the Canadian Cable Television Association to amend section 10 of the Broadcasting Distribution Regulations, which deals with the transfer of inside wire to customers. The Commission will accept comments that it receives on or before 8 September 1999
1.  On 19 May 1999, the Canadian Cable Television Association (CCTA) submitted an application to amend section 10 of the Broadcasting Distribution Regulations (the regulations).
2.  Section 10 of the regulations specifies that:
 10. (1) Subject to subsections (2) and (3), if a licensee owns the inside wire, it shall offer it for purchase to a customer when the customer's oral or written notice to terminate basic service is received.
 (2) In the case of a single-unit dwelling, the licensee's offer under subsection (1) shall be at a price of not more than $5.
 (3) If the customer is the owner or operator of a multiple-unit dwelling, the licensee shall offer to the customer for purchase the inside wire of each subscriber residing in the multiple-unit dwelling.
 (4) If a customer decides not to purchase the inside wire, the licensee owning the wire may remove it within seven days after the date of the termination of service.
 (5) If a licensee decides not to remove the inside wire under subsection (4), the licensee shall not later interfere with the ability of any person to use the wire.
3.  The CCTA's proposed draft of section 10 of the regulations reads as follows:
 10. (1) A licensee shall not restrict or otherwise interfere with a customer's use of the inside wire.
 (2) A licensee that owns the inside wire of a single unit dwelling shall not charge for the use of the wire.
 (3) A licensee that owns the inside wire of a multiple unit dwelling may charge for the use of that wire in accordance with such terms as may be agreed to by the parties or determined by the CRTC.
4.  The CCTA's proposal is based on four principles:
 1) Where the licensee owns the inside wire, it shall retain ownership of it, i.e., there is no transfer of ownership of the inside wire.
 2) The licensee that owns the inside wire will be prohibited by regulation from interfering with a customer's use of it.
 3) There will be no charge for use by another licensee of the inside wire in single-unit dwellings; in circumstances to be identified by the CRTC through the CRTC Interconnection Steering Committee (CISC) process, there will be a charge (also to be determined by the Commission) for use by another licensee of the inside wire in multiple-unit dwellings.
 4) All licensees will refrain from damaging another licensee's distribution system, cable drops, customer service enclosures and panel boxes.
Call for Comments
5.  The Commission invites written comments on the proposed amendments and underlying principles set out in paragraphs 3 and 4 above. The Commission will accept comments that it receives on or before 8 September 1999.
6.  The Commission will not formally acknowledge written comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.
Procedures for filing comments
7.  Interested parties should send their comments to the Secretary General, CRTC, Ottawa, K1A 0N2.
·  Parties must file all submissions in "hard copy format" (i.e. on paper).
·  Comments longer than five pages should include a summary.
8.  The Commission also encourages parties to file electronic versions of their comments by e-mail or on diskette. The Commission's e-mail address for electronically filed documents is procedure@crtc.gc.ca
·  Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.
·  Please number each paragraph of the comment. In addition, please enter the line ***End of Document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.
9.  The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.
Examination of public comments and related documents at the following Commission offices during normal business hours
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Québec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Telecopier: (819) 994-0218
Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Telecopier: (902) 426-2721
Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Québec H3A 3J6
Tel: (514) 283-6607 - TDD: 283-8316
Telecopier: (514) 283-3689
Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Telecopier: (204) 983-6317
530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Telecopier: (604) 666-8322
CRTC Documentation Centre
55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Telephone: (416) 952-9096
Telecopier: (416) 954- 6343
CRTC Documentation Centre
Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319
This notice is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca
Secretary General

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