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Order CRTC 2000-169
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Ottawa, 6 March 2000
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Optel Communications Corporation
Tariff Notices 4 and 4A
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Proposed tariff for access services in Alberta and British Columbia
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This order approves on an interim basis Optel Communications Corporation's proposed tariff provisions covering rates and services in Alberta and British Columbia.
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1.
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On 16 November 1999, Optel filed an application under Tariff Notice (TN) 4, amended by TN 4A dated 7 December 1999, for approval of revisions to its General Tariff (CRTC 21240). The application proposes:
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i) rates for access services for interconnection with local exchange carriers, interexchange service providers (IXSPs) and wireless service providers (WSPs) in Alberta and British Columbia;
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ii) rates and conditions for reserved and in-service telephone numbers for WSPs; and
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iii) minor wording changes to 9-1-1 emergency reporting service provisions.
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2.
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An intervention was filed by Bell Canada on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., and NewTel Communications Inc. on 16 December 1999.
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3.
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Bell noted that throughout Optel's tariff there are references to the term "interexchange carrier" (IXC) and submitted that this term should be revised to "interexchange service provider" (IXSP), where applicable, to ensure that the tariff is clear with respect to interconnection with other service providers, such as resellers.
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4.
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By definition, resellers are not IXCs. The Commission agrees with Bell that when specific tariff provisions would apply to both IXCs and resellers, the term "IXSP" should be substituted for the term "IXC". The Commission notes that in association with this change, Optel should include a definition for IXSP in Part A, Terms, Definitions and General Services.
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5.
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Bell submitted that Optel should be directed to include in its provisions relating to contribution, a term specifying that contribution charges are attributable to Optel's toll traffic where interexchange services are defined by the incumbent local exchange carrier's (ILECs) exchange boundaries.
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6.
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The Commission considers that a note should be added specifying that the provisions associated with contribution charges would apply to Optel's switched interexchange services where interexchange services are defined by the ILEC's exchange boundaries.
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7.
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Bell requested that the Commission direct Optel to include a provision which would reflect the Commission's determinations in Contribution on traffic carried by alternate providers of long distance services over direct access lines, Telecom Decision CRTC 99-9, dated 20 July 1999.
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8.
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The Commission notes that it has issued subsequent decisions that also affect the contribution mechanism.
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9.
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In Review of frozen contribution policy, Telecom Decision CRTC 99-20, dated 15 December 1999, the Commission directed all carriers providing local exchange service to issue amended tariff pages effective 1 January 2000. The amendment should reflect the changes to contribution rates and WSP surcharges resulting from changes in the direct access line (DAL) loading factor. The Commission notes that the decision affects, for IXSPs, both the per-minute contribution rates and the per-circuit contribution rates for line-side access.
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10.
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In a letter decision dated 15 December 1999 with respect to Bell's application regarding contribution on traffic carried by alternate providers of long distance services over DALs, the Commission determined that DAL surcharges apply to contribution assessed on international traffic. It directed all local exchange carriers to ensure that their tariffs reflect its directives and, where necessary, to issue revised tariff pages.
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11.
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In a second letter decision issued 15 December 1999 regarding the TELUS section 62 application to modify the international contribution regime to introduce a single blended contribution rate for Canada, the Commission determined that, effective 1 January 2000, the contribution rates for each ILEC territory will be set at Bell's rates for the international end of any call. It directed all local exchange carriers to issue revised tariff pages reflecting its directives.
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12.
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In a letter issued on 17 December 1999, the Commission made its determinations with respect to the Final consensus report filed on 23 June 1999 by the Industry Task Force on International Contribution Issues. The report recommended solutions for various international contribution issues arising from Regulatory regime for the provision of international telecommunications services, Telecom Decision CRTC 98-17, dated 1 October 1998. The Commission directed the competitive local exchange carriers (CLECs) and the ILECs to file by 1 February 2000 proposed tariff revisions to implement its directives.
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13.
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The Commission considers that Optel's tariff should be revised to be consistent with Decisions 99-9 and 99-20 and its letter decisions dated 15 December 1999 and 17 December 1999.
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14.
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In addition, Bell submitted that Optel should be required to include in its contribution exemption provisions a term with respect to exemptions for competitive pay telephone providers who use interconnecting circuits which are not directly connected to an interexchange network.
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15.
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The Commission considers that Optel's tariff should reflect the Commission's determinations with respect to contribution exemptions for competitive pay telephone service providers.
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16.
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With respect to the 9-1-1 emergency response service tariff, the Commission is of the view that additional provisions requiring that Optel provide contact information to the municipality are to be included to ensure that Optel's tariff conforms with the CLEC – Municipality 9-1-1 Service Agreements approved by the Commission.
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17.
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In addition to the above, the Commission also believes that other minor changes are required to the tariff for the purposes of correcting and clarifying various terms and conditions.
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18.
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In light of the foregoing, the Commission orders that:
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1. The proposed tariffs are approved on an interim basis, with the following amendments:
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a) add the following definitions to Item 101:
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i) Direct Access Line (DAL) means a network arrangement used to transmit traffic over a dedicated facility between an IXSP's interexchange network and a subscriber's premises;
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ii) Class A Licensee means a telecommunications service provider who:
a) operates telecommunications equipment facilities used in transporting basic international traffic between Canada and another country, whether those facilities are owned by the licensee or leased from a separate facilities provider; or
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b) operates telecommunications equipment that converts basic international traffic from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit switched minutes terminating in Canada, regardless of whether the licensee is responsible for the international transport; or
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c) performs both of the functions described in a) and b) above. Such telecommunications service providers shall have obtained from the Commission a Class A license for the provision of basic international telecommunications services. For more information with respect to licensing requirements refer to the Commission's web site at www.crtc.gc.ca;
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iii) Class B Licensee: means a telecommunications service provider who provides international telecommunications service but neither:
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a) operates telecommunications facilities used in transporting basic international traffic between Canada and another country; nor
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b) operates telecommunications equipment that converts basic international traffic from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit-switched minutes terminating in Canada. Class B licensees include service providers who resell the switched services of other service providers. Such telecommunications service providers shall have obtained from the Commission a Class B license for the provision of basic international services. For more information with respect to licensing requirements refer to the Commission's web site at www.crtc.gc.ca; and
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iv) Interexchange Service Provider (IXSP) is an IXC or reseller which provides interexchange services.
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b) amend Item 102(2) for Alberta as follows:
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2.1 Each Master BLIF, per listing
Residential $0.065
Business/Government $0.080
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2.2 Each Update BLIF, per listing
Residential $0.070
Business/Government $0.085
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c) add the following provisions to Item 103(4.1), "Conditions of Service":
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4.1.5 Provide to the municipality at its designated call answer centre a telephone number that is accessible 24 hours a day, seven days a week, for the purposes of reporting trouble with the 9-1-1 ERS calling system.
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4.1.6 Provide to the municipality at its designated call answer centre a facsimile number or alternative address such as e-mail, or both, for the purposes of dealing with problems with information as to local subscribers and the 9-1-1 ERS street address database, and updating such information as requested.
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d) in Part C, change all occurrences of IXC to IXSP except for those in Items 300(14) and 300(15) and where the reference is to the "CLEC – IXC Agreement" in Items 300(3), 301(8.5), 302(2) and 302(3).
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e) add the following sentence to Item 304(1.1):
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"Where applicable, the contribution charges specified in Items 304.1 and 304.2 will be attributed to Optel's interexchange traffic where interexchange services are defined by the ILEC's exchange boundaries."
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f) amend Item 304(1.2) to read as follows:
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"In addition to the contribution charges specified in this Item, the switching and aggregation charges specified in item 301(7.4) also apply with respect to interconnecting circuits with trunk-side access."
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g) in Item 304(1.2):
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i) replace the title in 1.2.1 "Contribution charges, each minute of traffic, other than the ILECs" with " Carriers and other service providers that use DALs";
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ii) replace the title in 1.2.2 "Contribution charge, each minute of traffic, ILEC IX traffic" with "Carriers and other service providers that have attested that they do not use DALs (y)";and
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iii) add the following two notes after the per minute contribution charge table in Item 304(1.2):
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(x) For the purpose of per-minute contribution, peak period is deemed to be 8:00 am to 5:00 pm Monday to Friday and off-peak period is deemed to be all other times including all day Saturday and Sunday.
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(y) An attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to Optel and the CRTC, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the CRTC immediately, serving a copy on Optel, and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
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h) replace Items 304(2) and 304(3) with the following:
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2. Overseas and Canada-U.S. Circuits
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2.1 For each overseas circuit that uses an international interconnection point located in the applicable ILEC's operating territory and for each Canada-U.S. circuit that crosses the border at a point located in the applicable ILEC's operating territory, the contribution charges specified below apply. The determination of whether or not an individual carrier's or other service provider's international traffic is DAL surcharge-exempt is based on the exempt/non-exempt status of the carrier or other service provider that hands off the international traffic directly to or receives such traffic directly from the Class A licensee. Where the originating/terminating carrier or other service provider is also the Class A licensee, it is the status of the originating/terminating carrier or other service provider that applies.
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Carriers and other service providers that use DALS - Contribution charge, each minute of traffic:
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Peak Period $0.0075
Off-Peak Period $0.0038
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Carriers and other service providers that have attested that they do not use DALs (y) - Contribution charge, each minute of traffic:
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Peak Period $0.0066
Off-Peak Period $0.0033
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(x) For the purpose of per minute contribution, peak period is deemed to be 8:00 am to 5:00 pm Monday to Friday and off-peak period is deemed to be all other times including all day Saturday and Sunday.
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(y) An attestation that a carrier or other service provider does not use DALs requires that the carrier or other service provider provide an affidavit to the applicable ILEC and the CRTC, sworn by a senior officer of the company, attesting to the fact that the carrier or other service provider does not use any DALs to originate or terminate traffic in the applicable ILEC's operating territory. The affidavit must be resubmitted on an annual basis and include a statement that if, during the year, the carrier or other service provider uses any DALs, the carrier or other service provider will notify the CRTC immediately, serving a copy on the ILEC, and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
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2.2 Class A Licensees are required to report detailed monthly contribution minute information to the applicable ILEC, the Commission and the Central Fund Administrator (CFA) within 60 days of the end of the applicable month as follows:
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2.2.1 with respect to contribution-eligible international traffic that the licensee transports between Canada and the United States using circuit switching protocol on telecommunications facilities operated by the licensee, the licensee shall (a) report to the ILEC in whose territory a Canada – U.S. circuit crosses the border all contribution-eligible minutes, and (b) remit to the ILEC the applicable contribution charges as specified in Optel's tariffs;
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2.2.2 With respect to contribution-eligible international traffic that the licensee transports between Canada and a country other than the United States using circuit switching protocol on telecommunications facilities operated by the licensee, the licensee shall (a) report to the ILEC in whose territory the gateway switch (i.e., the last switching point for outbound minutes and the first point of switching for inbound minutes) is located all contribution-eligible minutes, and (b) remit to the ILEC the applicable contribution charges as specified in Optel's tariffs;
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2.2.3 with respect to contribution-eligible international traffic that the licensee converts from circuit switched minutes originating in Canada to non-circuit switched traffic, or from non-circuit switched traffic to circuit switched minutes terminating in Canada, the licensee shall report to the ILEC all contribution-eligible minutes as measured at the point of conversion to the ILEC in whose territory the conversion occurs, and (b) remit to the ILEC the applicable contribution charges as specified in Optel's tariffs; and
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2.2.4 all minutes reported in 2.2.1, 2.2.2 and 2.2.3 above shall be split by peak and off-peak periods and, where possible, by type of domestic service provider i.e., APLDs versus ILEC.
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In cases in which the licensee has no traffic to report, the licensee shall provide a nil report to the ILEC, the Commission and the CFA.
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2.3 Class A Licensees are required to provide a quarter-ending report to the applicable ILEC, the Commission and the CFA within 60 days of the end of the applicable quarter as follows:
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2.3.1 an affidavit signed by a senior officer of the licensee, attesting to the completeness and accuracy of the contribution reports and remittances covering the past three months;
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2.3.2 the number of Canada-U.S. and Canada-Overseas circuits (in units of DS-1 equivalents) as of the last day of the quarter, on which it has measured international contribution-eligible minutes in the preceding three months; and
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2.3.3 a declaration of the existence of protocol-conversion points, by ILEC territory, at which international contribution-eligible circuit switched minutes originating in Canada are converted to non-circuit switched traffic or at which non-circuit switched international traffic is converted to contribution-eligible circuit switched minutes terminating in Canada.
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If there is no traffic to report, the affidavit shall state why the licensee has no traffic to report.
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2.4 As an alternative to providing monthly and quarterly reports to the ILEC as noted in 2.2 and 2.3 above, the Class A Licensee may choose to provide these reports to an affiliated CLEC or a CLEC with which such Class A Licensee has a preferred relationship, as defined in the Central Fund Administration Agreement, and to remit the applicable contribution payment to that CLEC. When a Class A Licensee elects to use this alternative reporting method, that Class A Licensee must advise the ILEC in writing of this choice, at least one month prior to the date the change becomes effective.
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i) replace 304(4) with the following:
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3. Exemptions
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3.1 When an interconnecting circuit is used solely to access Optel's message toll services, the contribution charges specified in Items 304.1 and 304.2 do not apply.
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3.2 The contribution charges specified in Items 304.1 and 304.2 do not apply, when an interconnecting circuit associated with line-side access is:
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- used to provide a dedicated voice or dedicated data service; or
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- used to provide a local service; or
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- associated with a stand-alone administrative location or system which is not directly connected to the IXC's interexchange network, provided that the IXC applies to the Commission on a case-by-case basis and provides evidence satisfactory to the Commission that by reasons of the technical, economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.
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3.3 The contribution charges specified in Items 304.1 and 304.2 above do not apply to:
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- international data traffic; or
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- international voice traffic carried on a facility dedicated to the use of one customer; or
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- international transit traffic that does not connect to the Canadian PSTN.
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3.4 An application to the Commission for a contribution exemption with respect to international traffic is not required except in the following instances:
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- where switched domestic traffic is routed through another country on non-dedicated facilities; or
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- where domestic traffic is routed through another country by a licensee but is not controlled by the licensee when it re-enters Canada; or
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- where international traffic is routed through another country to reach an international gateway in another part of Canada.
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When any of the above three situations apply, the licensee shall apply to the Commission on a case-by-case basis and provide evidence satisfactory to the Commission that it can accurately track and record contribution-eligible minutes on the facilities in question.
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3.5 Where a competitive pay telephone service provider uses interconnecting circuits, such as pay telephone basic access lines, which are not directly connected to an interexchange network provided by the competitive pay telephone service provider or by another service provider, the contribution charges specified in Items 304(1) and 304(2) above do not apply. An application to the Commission for a contribution exemption is not required.
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2. Optel is directed to issue forthwith revised tariff pages:
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a) reflecting the determinations of Decision 99-20; and
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b) incorporating the changes set out above
Secretary General
This document is available in alternate format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca
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