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Order CRTC 2000-1026
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Ottawa, 17 November 2000
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CRTC denies Call-Net's request that Bell Canada modify its Megalink service tariff
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Reference: 8661-C43-01/00
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The Commission denies Call-Net's request to direct Bell Canada to price Megalink service, available in General Tariff Item 5201, at the same rates as it is available in General Tariff Item 2230.
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1.
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On 26 April 2000, Call-Net Enterprises Inc. filed a Part VII application on behalf of itself, Call-Net Communications Inc., Call-Net Technology Services Inc. and Sprint Canada Inc. Call-Net asked the Commission to direct Bell Canada to price Megalink service, available in General Tariff Item 5201, at the same rates as it is available in Item 2230 where Megalink is offered as part of a service bundle called Large business customer Access Bundle.
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2.
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Call-Net requested that the Commission direct Bell Canada to file revisions to General Tariff Item 5201 to correspond to Megalink terms and conditions in Item 2230. Call-Net submitted that failure to do so would result in a situation of unjust discrimination and undue preference in contravention of section 27(2) of the Telecommunications Act.
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3.
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Bell Canada replied that services described in the specific items of the company's General Tariff are available to all customers under the terms, conditions and rates specified therein. The large business customer access bundle is available to any customers that meet the terms and conditions under which the contract is offered and which are specified in the tariff. The tariff in question has received Commission approval and it should therefore be clear that the provision of its large business customer access bundle is offered on a non-discriminatory basis and is fully in compliance with section 27(2) of the Act. Furthermore, conditions for eligibility to the rates, terms and conditions set out in the large business customer access bundle are clearly set out in the tariff in question. If Call-Net wants to avail itself of the tariff offering, it must meet those terms and conditions.
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4.
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The Commission notes that Bell Canada's large business customer access bundle (General Tariff Item 2230) provides customers with a discount for Megalink service provided they meet the conditions set out in the tariff.
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5.
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The Commission considers that the tariff is not unjustly discriminatory and denies Call-Net's application.
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Secretary General
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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