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ARCHIVED - Order CRTC 2000-430

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Order CRTC 2000-430

Ottawa, 24 May 2000
Provincial 9-1-1 service approved for Island Telecom Inc.
Tariff Notices 533/A
The Commission approves, subject to changes, Island Tel's application to introduce provincial 9-1-1 service.

1.

On 11 May 1999, Island Telecom Inc. filed Tariff Notice (TN) 533, proposing tariff revisions to introduce provincial 9-1-1 service. Island Tel filed TN 533A, dated 19 April 2000, to change the proposed effective date to 29 May 2000.

2.

On 31 May 1999, Island Tel filed a Memorandum of Understanding (MOU) between Island Tel, the Government of the Province of Prince Edward Island as represented by the Minister of Community Affairs and Attorney General (the minister), the City of Charlottetown, the City of Summerside, and the Royal Canadian Mounted Police L division headquarters (RCMP). The MOU contains terms and conditions which define the responsibilities of the parties with respect to the provision of provincial 9-1-1 service.

3.

On 16 August 1999, the Commission issued Telecom Public Notice CRTC 99-18, which initiated a proceeding to consider TN 533 and the MOU.

4.

The Canadian Wireless Telecommunications Association (CWTA), Clearnet Communications Inc., Rogers Cantel Inc., and the Public Interest Advocacy Centre filed comments.

5.

Island Tel filed reply comments on 25 November 1999.
9-1-1 Service
Decision 99-17

6.

Island Tel proposed a rate of $0.75 per month per primary exchange service equipped for outward local calling to help pay for 9-1-1 service. Island Tel proposed to charge wireless service providers (WSPs) on a per working telephone number basis at 50 percent of the wireline rate and Centrex customers per line at 75 percent of the rate.

7.

In 9-1-1 service – Rates for wireless service providers, Centrex customers and multi-line customers/manual access to the automatic location identification database, Telecom Decision CRTC 99-17, dated 29 October 1999, the Commission concluded, among other things, that the incumbent local exchange carriers (ILECs) which offered province-wide 9-1-1 service should charge WSPs and Centrex customers on a per working telephone number basis. The Commission also concluded that WSPs should receive a discount of 50 percent due to the lack of automatic location identification (ALI) functionality for wireless end-users. Centrex customers do not receive the 50 percent discount.

8.

The Commission is of the view that the method of charging WSPs and Centrex customers in Island Tel's operating territory for provincial 9-1-1 service should be consistent with the method that the Commission has approved for the other ILECs' province-wide 9-1-1 services.
Public safety answering point operating costs

9.

The economic study filed by the company indicated that the proposed rate would recover public safety answering point (PSAP) operating costs. Section 7.0 of the MOU states that Island Tel will compensate the RCMP division and municipalities operating the PSAPs from its 9-1-1 revenue for incremental costs attributable to the service.

10.

The Commission is of the view that the PSAP operating costs should not be recovered through the 9-1-1 rate. The Commission notes that the municipalities and the RCMP division which will operate the PSAPs are not Canadian carriers.

11.

The Commission further notes that Island Tel has the option of applying for approval of a separate service, which would permit it to bill and collect a levy on behalf of the municipalities and RCMP division responsible for operation of the PSAPs.
PSAP equipment

12.

The Commission is of the view that the provision of terminal equipment should not be bundled with the provision of 9-1-1 service. Accordingly, the Commission considers that the PSAP hardware and software and PSAP maintenance costs should not be recovered through the 9-1-1 rate.
Study period

13.

The Commission is of the view that a 10-year study period and 10 percent mark-up are appropriate for 9-1-1 service.
Adjusted rate

14.

The Commission adjusted the proposed 9-1-1 rate to:
a) exclude PSAP incremental operating costs, PSAP hardware and software, and PSAP maintenance costs;
b) reflect a 10-year study period and a 10 percent mark-up;
c) account for Centrex customers being charged the full rate for each working telephone number; and
d) include the wireless demand for carriers other than Island Tel Mobility.

15.

The adjusted rate is $0.30 per primary exchange service equipped for outward calling to the public switched telephone network (PSTN) ($0.15 per WSP working telephone number equipped for outward calling to the PSTN).
Manual ALI

16.

In Decision 99-17, the Commission directed the ILECs which offered province-wide 9-1-1 service to permit manual access to the ALI database by PSAP operators, under certain terms and conditions. In order to be consistent with Decision 99-17, the Commission considers that similar terms and conditions should apply to Island Tel.
Liability

17.

Section 3.1 of the MOU states that the minister will attempt to establish a 9-1-1 statute which shall, among other things, limit the liability of those participating in the operation of the system in good faith. Section 11.0 of the MOU states that the minister shall indemnify Island Tel, the municipalities and the RCMP division responsible for operating the PSAPs for costs in relation to actions which arise from the operation of the service by reason of anything in good faith done or omitted to be done.

18.

The CWTA and Clearnet submitted that it would be appropriate for the minister to undertake to limit the liability of all carriers that provide 9-1-1 service to their customers. Cantel requested that the Commission direct Island Tel to modify the MOU to provide for the granting of liability protection and indemnification to WSPs.

19.

In reply, Island Tel submitted that other carriers should deal with the province directly with respect to issues of liability protection and indemnification.

20.

The Commission is not persuaded that it would be appropriate to modify the liability provisions of the MOU. Therefore, it is appropriate that the MOU only limit the liability of the parties who provide the 9-1-1 network and call answer service.
Third-party access to PSAPs

21.

Cantel requested that the Commission direct Island Tel to accommodate any requests by WSPs, or other third parties, to connect to the PSAP equipment provided and maintained by Island Tel such that alternative access to the PSAP will be possible. Clearnet recommended that the Commission require Island Tel to accommodate the delivery of 9-1-1 calls by other suppliers to the PSAP on an efficient and affordable basis.

22.

In reply, Island Tel submitted that third-party access arrangements can be negotiated with the PSAPs and that the proposed service does not preclude a third party from making these arrangements.

23.

The Commission is of the view that the service, as approved, will not prevent other carriers from negotiating access arrangements with the RCMP division or municipalities responsible for operating the PSAPs.
Revisions and amendments

24.

In light of the above, the Commission approves TNs 533/A, and the MOU, to come into effect 29 May 2000, subject to the following changes. The Commission directs Island Tel to:
a) revise the tariff to:
i) indicate that the province-wide 9-1-1 rate is $0.30 per primary exchange service equipped for outward access to the PSTN ($0.15 per WSP working telephone number equipped for outward calling to the PSTN);
ii) charge Centrex customers the full 9-1-1 rate per working telephone number equipped for outward calling to the PSTN; and
iii) indicate that the service will be provided in accordance with the terms and conditions in the MOU.
b) Amend the MOU as follows:
i) remove the last sentence at section 2.1, which indicates that the PSAPs will operate continuously on computerized equipment provided and maintained by Island Tel.
ii) remove sections 4.1d) and 7.0, which indicate that Island Tel will compensate the PSAPs from its 9-1-1 revenue for incremental costs of operation.
iii) revise section 4.1h) to indicate that Island Tel is obliged to provide communications equipment only up to the point of the jack within the PSAP.
iv) replace the text at section l.1g) with the following: "ALI" means an automatic line identification feature that automatically identifies the name, telephone number, and service address of the 9-1-1 caller to the PSAP.
c) Notify the governmental authorities responsible for operating the PSAPs that they have the right to request manual access to the ALI database and, if manual access to the ALI database is requested, amend the MOU to permit manual access to the ALI database in accordance with the terms and conditions set out in paragraphs 27, 29 and 30 of Decision 99-17.

25.

For billing purposes, the Commission directs WSPs to provide a count of their wireless working telephone numbers equipped for outward calling to the PSTN in Island Tel's operating territory to Island Tel's Carrier Services Group on a monthly basis.

26.

The Commission notes that "wireless working telephone numbers" refers to those numbers that a WSP has assigned to its subscribers, and carriers that use an alternate 9-1-1 system and do
not subscribe to Island Tel's 9-1-1 service would not be required to pay the 9-1-1 rate or provide working telephone number counts to Island Tel.
Secretary General
This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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