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Order CRTC 2000-251
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Ottawa, 30 March 2000
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Telesat Canada granted forbearance for cross-border earth station equipment
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Reference: Tariff Notices 1154, 1155 and 1156
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The Commission approves, for Telesat Canada, forbearance from the regulation of cross-border earth station equipment and approves the deletion of Special Assembly Tariffs.
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1.
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Telesat Canada filed Tariff Notices 1154, 1155 and 1156 requesting deletion of several Special Assembly Tariffs.
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2.
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The Commission has previously forborne from regulating the sale or lease of earth station equipment and other bundled and standard services in Telesat Canada – Forbearance for the sale and lease of earth stations, Telecom Decision CRTC 94-23, dated 16 November 1994 and Telecom Order CRTC 95-892.
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3.
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The Commission notes that these determinations did not include forbearance from regulation for earth station equipment used in conjunction with foreign satellite services. At the time of Decision 94-23, competition was restricted for the provision of cross-border earth station equipment.
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4.
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All such restrictions have now been removed with the introduction of competition from foreign satellite service providers and the removal of ownership requirements for earth station equipment. The Commission considers that the market for the provision of cross-border earth station equipment is now the same as for the provision of other earth station equipment.
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5.
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The Commission finds it appropriate to forbear from the regulation of earth station equipment used in conjunction with foreign satellite services in the same manner and to the same extent as it forbore from the regulation of earth station equipment used in conjunction with Canadian satellite services in Decision 94-23.
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6. 6
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The Commission considers it appropriate to refrain, pursuant to section 34 of the Telecommunications Act, from the exercise of powers and the performance of duties under sections 25, 29 and 31 and subsections 27(1), (2), (4), (5) and (6) of the Act, with respect to the sale and lease by Telesat of earth station equipment to be used in conjunction with foreign satellite services. Consistent with Decision 94-23, the Commission will retain its authority under section 24 of the Act to impose conditions on the offering of service.
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7.
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Pursuant to subsection 34(4) of the Act, sections 25, 29 and 31 and subsections 27(1), (2), (4), (5) and (6) of the Act do not apply in respect of the sale or lease by Telesat of earth station equipment to be used in conjunction with foreign satellite services.
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8.
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The Commission approves Telesat Tariff Notices 1154, 1155 and 1156 for the deletion of Special Assembly Tariffs.
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Secretary General
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This document is available in alternative format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca
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