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Order CRTC 2000-261
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Ottawa, 10 April 2000
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Contribution exemption
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Reference: 8626-C77-01/99
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1.
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By letter dated 2 December 1999, Dss Telecom Inc. applied for a contribution exemption with respect to Centrex systems used to provide local exchange services. In support of its application, Dss Telecom filed an affidavit dated 3 December 1999.
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2.
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By letter dated 22 December 1999, Bell Canada stated that it had reviewed the affidavit and noted that it generally appeared to satisfy the evidentiary requirements for such exemptions, with one exception. Bell noted that there is no reference in the affidavit to specific Centrex services that might already be in place; rather, the affidavit makes a generic reference to systems in Ontario, Quebec and Nova Scotia. Since Bell does not provide services in Nova Scotia, the company's response only relates to services provided in Ontario and Quebec.
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3.
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Bell reviewed its files and found no record of Centrex services ordered or in place for Dss Telecom. Accordingly, Bell submitted that Dss Telecom's application should be treated as a request for advance approval of an exemption, pending the installation of service.
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4.
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With respect to any Centrex services that Dss Telecom may provide in Nova Scotia, Bell stated that it understands that a contribution exemption may not be required (the Centrex configuration referenced by Dss Telecom does not appear to include any facilities which would be defined as interconnecting services, and therefore subject to contribution charges, pursuant to tariffs that are in effect for that province). Bell recommended that should Dss Telecom feel that it requires an exemption for services provided in Nova Scotia, it should file a copy of its application with the local exchange carrier that will be providing Centrex services to Dss Telecom in Nova Scotia.
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5.
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In light of the above, Bell agreed with the request for advance approval of an exemption to provide local exchange services in Ontario and Quebec. However, Bell submitted that such approval should be subject to the requirement that Dss Telecom provide a revised affidavit, within 30 days of the installation of its first system(s), identifying the Centrex system(s) and affirming that it is arranged in a manner to limit Dss Telecom's services to local exchange service configurations.
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6.
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The Commission is of the view that Dss Telecom's application can be characterized as a request for advance approval, and that the affidavit filed by the company satisfies the evidentiary requirements for such approval pursuant to Applications for contribution exemptions, Telecom Decision CRTC 93-2, dated 1 April 1993.
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7.
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In light of the foregoing, the Commission approves the application with respect to the operations in Bell territory in Quebec and Ontario, effective the date of installation, subject to the requirement that Dss Telecom submit a revised affidavit to the Commission and Bell within 30 days after installing the services.
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8.
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Dss Telecom is reminded that, if it is operating in Nova Scotia and if it requires an exemption for services in Nova Scotia, it should file a copy of its application with the local exchange carrier that will be providing Centrex services to Dss Telecom in Nova Scotia.
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Secretary General
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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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