Search

ARCHIVED - Order CRTC 2000-532

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

Order CRTC 2000-532

Ottawa, 13 June 2000
EastLink Telephone
Tariff Notices 04 and 4A
Revisions approved for EastLink's General Tariff
The Commission approves on an interim basis, with the changes listed below, EastLink Telephone's proposed revisions to its General Tarriff covering general terms and conditions and access services.

1.

EastLink filed an application for approval of revisions to its General Tariff (CRTC Tariff 21270) to reflect changes resulting from various Commission decisions and orders. EastLink filed its application on 5 April 2000.

2.

Bell Canada filed comments on 10 May 2000 on behalf of itself, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc. and NewTel Communications Inc.

3.

Bell Canada submitted that EastLink's General Tariff requires definitions for the terms "competitive pay telephone service provider", "interexchange service provider", "resale" and "reseller" and that the definition of "end-customer" require changes.

4.

The Commission agrees that EastLink should amend its definitions as noted by Bell Canada and, in addition, considers that the definition for the term "direct access line" requires changes.

5.

Throughout Part C of EastLink's General Tariff there are references to the term "interexchange carrier (IXC)". The Commission notes that the term "IXC" excludes the interexchange operations of resellers and is of the view that when specific tariff provisions would apply to both IXCs and resellers, the term "IXSP" should be substituted for the term "IXC".

6.

The Commission considers that the contribution exemption provisions in EastLink's General Tariff require changes to reflect the Commission's determinations in its letter dated 17 December 1999 with respect to international contribution.

7.

In addition, the Commission is of the view that several changes are required to correct references or minor errors.

8.

In view of the above, the Commission orders the following:
1.   the proposed tariffs are approved on an interim basis, with the following amendments:
a)   amend Item 101, Definitions, as follows:
i)   add the following definitions of "competitive pay telephone service provider", "interexchange service provider", "resale" and "reseller":

Competitive pay telephone service provider means a company or individual which provides competitive pay telephone service for use by the general public. For the purpose of this tariff, the competitive pay telephone service provider is EastLink's customer.
Interexchange service provider (IXSP)means an IXC or reseller which provides interexchange message toll service.
Resale means the subsequent sale or lease on a commercial basis, with or without adding value, of a telecommunications service purchased from EastLink or an interconnecting carrier.
Reseller means a person engaged in resale of local service (local reseller) or interexchange service (IX reseller).
ii)  in the definition of "direct access line", replace the word "Carrier" with the term "IXSP's"; and
iii)  in the definition of "end-customer" add the word "or" between the terms "WSPs" and "IXSPs" and delete the phrase "or the SOCs".
b)     in Part C, change all occurrences of the term "IXC" to "IXSP" except for those in Items 300(1.14) and 300(1.15) and where the reference is to the "CLEC-IXC Agreement" in Items 300(1.3), 301(3.5), 302(1.2) and 302(1.3).
c)     in Item 301(2.4), replace the direct connection charge based on conversation minutes of $0.007548 with $0.003235;
d)     in the first sentence of "Note 1" associated with Item 304(1.3), replace the phrase "in EastLink's operating territory" with the phrase "in the applicable ILEC's operating territory";
e)     in Item 304(1.4):
i)     in the second table, add the words "Note 1" to the end title in the second sub-column; and
ii)     add the following note after the table:

Note 1. 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 EastLink and the Commission, 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 Commission immediately, serving a copy on EastLink, and the contribution rate applicable to the carriers and other service providers that do use DALs would immediately apply.
f)     in Item 304(2.1)(a):
i)     in the first sentence, replace the phrase "in Item 304, Article 1" with the word "below"; and
ii)     in the second table, replace the "(y)" at the end of the title with the words "Note 2".
g)     in Item 304(2.2.3), insert an "(a)" immediately after the phrase "the licensee shall";
h)     in Item 304(3), Exemptions, replace sub-articles (a), (b) and (c) with the following:

3.1 When an interconnecting circuit is used solely to access EastLink's message toll services, the contribution charges specified in Items 304.1 and 304.2 do not apply.
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:
- used to provide a dedicated voice or dedicated data service; or
- used to provide a local service; or
- 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.
3.3 The contribution charges specified in Items 304.1 and 304.2 above do not apply to:
- international data traffic; or
- international voice traffic carried on a facility dedicated to the use of one customer; or
- international transit traffic that does not connect to the Canadian public switched telephone network (PSTN.).
3.4   An application to the Commission for a contribution exemption with respect to international traffic is not required except in the following instances:
- where switched domestic traffic is routed through another country on non-dedicated facilities; or
- where domestic traffic is routed through another country by a licensee but is not controlled by the licensee when it re-enters Canada; or
- where international traffic is routed through another country to reach an international gateway in another part of Canada.
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.
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.
2.   EastLink is directed to issue forthwith revised tariff pages incorporating the changes set out above.
Secretary General
This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
Date modified: