ARCHIVED - Order CRTC 2000-106

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Order CRTC 2000-106

Ottawa, 9 February 2000
File No.: 8626-A4-11/99

1.

By letter dated 15 October 1999, AT&T Canada Corp. (AT&T Canada) applied to the Commission for an exemption from contribution for cross-border circuits which carry traffic which neither originates nor terminates in Canada.

2.

AT&T Canada stated that the trunk group in question connects AT&T Corp.'s 4ESS switch in Pittsburgh with AT&T Canada's DMS 250 switch in Markham. AT&T Canada stated that the facility is configured to carry traffic which originates in the United States and is destined for overseas locations. AT&T Canada stated that the contribution exemption was applied for on the cross-border T1 facility only. AT&T Canada informed the Commission that it would file a technical audit, within 45 days of the date of the application, which would clearly demonstrate that the circuit is used for transit traffic only and is therefore segregated from other cross-border facilities.

3.

By letter dated 16 December 1999, AT&T Canada filed, in confidence with the Commission, its technical audit as well as an affidavit completed by the independent engineer. AT&T Canada stated that it also filed the same information in confidence with Bell Canada (Bell) pursuant to the terms and conditions outlined in the Carrier Services Group Agreement between it and Bell. AT&T Canada submitted that the audit confirmed that the circuits in question meet the eligibility requirements for a contribution exemption. AT&T Canada noted that the circuits in question only began to carry live traffic on 10 December 1999. Accordingly, AT&T Canada requested that the exemption be granted effective 10 December 1999.

4.

By letter dated 23 December 1999, Bell stated that it had reviewed the technical audit and noted that it generally appears to satisfy the evidentiary requirements for such exemptions. Bell stated that the auditor has confirmed that the circuits in question carry only international transit traffic, and they are configured such that traffic that either originates or terminates in Canada is precluded from accessing the circuits. In light of the foregoing, Bell agreed with the requested exemption.

5.

The Commission is of the view that AT&T Canada has filed a satisfactory technical audit that meets its evidentiary requirements.

6.

Accordingly, the application is approved effective the date that the circuits in question began to carry live traffic, 10 December 1999, as requested by AT&T Canada.
Secretary General
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