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ARCHIVED - Order CRTC 2000-482

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Order CRTC 2000-482

Ottawa, 29 May 2000
Destandardizing and withdrawing Partial Cable Distribution System Offering
Reference: Bell Canada Tariff Notice 6457

1.

In Telecom Order CRTC 99-1233, dated 23 December 1999, the Commission approved the destandardization and withdrawal of Bell Canada's Partial System Offering (PSO). Bell Canada filed the relevant proposed tariff pages on 21 February 2000. The Canadian Cable Television Association (CCTA) filed comments on 22 March 2000. Bell Canada filed reply comments on 3 April 2000.

2.

The CCTA expressed concern that, upon PSO withdrawal, current PSO clients would have to pay for the removal of the PSO facilities which were under lease from Bell Canada, should they opt not to exercise the option to purchase Bell Canada's PSO facilities.

3.

In the CCTA's view, the PSO is being withdrawn at Bell Canada's request and any PSO plant that is not purchased by a PSO client should become the sole responsibility of Bell Canada, with the PSO client having no obligation to pay for the removal of such plant.

4.

Article VI, section 2 of the 1979 PSO agreement addresses the terms and conditions under which a PSO client can stop using any part or parts of Bell Canada's cable. The Commission considers that this does not apply to the circumstances raised by the CCTA, where a PSO client chooses not to exercise the option to purchase but is unable to continue using the plant upon PSO withdrawal.

5.

Considering that PSO facilities were Commission-mandated and installed for the sole use of PSO clients, they should be responsible for the cost of removing PSO facilities upon withdrawal, should they opt not to exercise the option to purchase for whatever reason.

6.

Further, Bell Canada's proposals to minimize removal costs are likely to lower such costs to be borne by PSO clients, where applicable. The Commission is of the view that PSO clients should evaluate any benefits that may be derived from Bell Canada's proposal and enter into an appropriate arrangement with Bell Canada if they wish to.

7.

The proposed tariff pages should be amended to reflect the Commission approved PSO withdrawal conditional upon the current PSO clients obtaining all necessary rights-of-way in their transition to Support Structure Offering arrangements.

8.

The Commission directs Bell Canada to insert the following, in its proposed Tariff Item 4910.1:

Partial Cable Distribution System withdrawal is conditional upon the current Partial System Offering clients obtaining all necessary rights-of-ways to ensure the transition to Support Structure Offering.

after the paragraph that reads:

In the case of customers whose initial 10-year lease expires between the destandardization date and the withdrawal date, as stated above, the agreement will be extended until the withdrawal date.

9.

The Commission approves the proposed revisions to Bell Canada's General Tariff Item 4910, as amended, and directs Bell Canada to issue forthwith revised tariff pages.
Secretary General
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