ARCHIVED - Public Notice CRTC 2000-96

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Public Notice CRTC 2000-96

Ottawa, 11 July 2000

Local competition: Proceeding to consider extending the sunset rule for near essential facilities and to treat copper loops as essential facilities

Reference: 8622-C12-12/00
This public notice initiates a proceeding to consider whether the five year sunset rule requiring the unbundling of near essential facilities in Decision 97-8 should be extended, and also to consider whether copper loops should be treated as essential facilities.


Local Competition, Telecom Decision CRTC 97-8, dated 1 May 1997, provides the principles and procedures that permit competitive entry into the local exchange market. In Decision 97-8, the Commission mandated the unbundling of certain Incumbent Local Exchange Carriers' (ILECs) service and facility components that Competitive Local Exchange Carriers (CLECs) will require, but will not generally be able to provide themselves. To this end, the Commission established a definition of an essential facility. To be considered essential, a facility must meet all three of the following criteria:

a) it is monopoly controlled;

b) a CLEC requires it as an input to provide services; and

c) a CLEC cannot duplicate it economically or technically.

The following items met the definition of essential facility: central office codes, subscriber listings and local loops in certain bands.


The Commission also mandated that certain facilities, functions or services which did not meet the definition of an essential facility, but for which the competitive supply is very limited, also be unbundled and priced on the basis of rating principles established for essential facilities, for a period of five years, commencing 1 May 1997. Such items, commonly referred to as near essential facilities, include: local loops in certain areas, transiting of switched local traffic, signalling networks (i.e. CCS7 transiting), and extended area service (EAS) delivery of CLEC-originated switched local traffic.


In light of conditions in the local exchange market, the Commission considers, on a preliminary basis, that it would be appropriate to retain, for a longer period of time, the mandatory unbundling and the current pricing treatment of the ILECs' near essential facilities in order to facilitate competitive entry into local exchange markets. For the same reasons, the Commission also considers that it may be appropriate to treat copper loops as essential facilities.


The Commission seeks comments on:

a) its preliminary view that the sunset rule should be extended beyond the current five year period;

b) what criteria should be used to determine the appropriate period; and

c) whether copper loops should be treated as essential facilities and, if so, what criteria should be used to determine when that treatment should end.



Bell Canada, Island Telecom Inc., Maritime Tel & Tel Limited, MTS Communications Inc., NBTel Inc., NewTel Communications Inc., TELUS Communications Inc. and TELUS Communications (B.C.) Inc. are made parties to this proceeding.


Other interested parties wishing to participate in this proceeding must notify the Commission of their intention to do so by writing to the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, fax: (819) 953-0795, by 1 August 2000. Parties are to indicate in the notice, their email address, where available. If parties do not have access to the Internet, they are to indicate in their notice whether they wish to receive disk versions of hard copy filings. The Commission will issue, as soon as possible after the registration date, a complete list of interested parties and their mailing address (including their email address, if available), identifying those parties who wish to receive disk versions.


All interested parties may file comments with the Commission on any matter within the scope of this proceeding, serving a copy on other interested parties, by 25 August 2000.


Interested parties may file reply comments with the Commission, serving a copy on other interested parties, by 11 September 2000.


Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.


Parties wishing to file electronic versions of their comments can do so by email or on diskette. The Commission email address is .


Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.


Please number each paragraph of the comment. In addition, please enter the line ***End of Document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.


The Commission will make comments filed in electronic form available on its web site at in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.


The Commission also encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their comments.


Submissions may be examined or will be made available promptly upon request at the following Commission offices during normal business hours:
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218
Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721
405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689
55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343
Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317
Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319
Suite 520 - 10405 Jasper Avenue
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214
530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322
Secretary General
This document is available in alternative format upon request and may also be examined at the following Internet site:
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