ARCHIVED - Order CRTC 2000-736
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Order CRTC 2000-736 |
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| Ottawa, 4 August 2000 | |
Forbearance granted for additional interexchange private line routes |
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| Reference: 8638-S1-01/98 | |
| In this order the Commission forbears from regulating additional interexchange private line routes where competitors of the major incumbent local exchange carriers now provide or offer services at DS-3 or higher bandwidth. | |
| 1. | Telecom Order CRTC 99-434, Follow-up proceeding to Telecom Decision CRTC 97-20: Establishment of criterion and process for considering further forbearance for high capacity/DDS interexchange private line services, dated 12 May 1999, directed competitors of the major incumbent local exchange carriers (ILECs) to file specific interexchange private line (IXPL) routes with the Commission every 1 April and 1 October. The Commission will forbear from IXPL routes where the competitors offer or provide service at DS-3 bandwidth or greater using their own terrestrial facilities, or facilities not leased from an ILEC or an ILEC affiliate. |
| 2. | The Commission stated that, when one or more competitors meet this criterion, it would proceed quickly to forbear without further process (given that the evidence on which the forbearance determination would be made comes from the competitors). |
| 3. | In the filings submitted on 1 April 2000, AT&T Canada Corp. and MK Telecom Network Inc. identified several IXPL routes which meet the criteria established in Order 99-434. Call-Net Enterprises Inc. indicated that it did not have any routes to report other than those reported to the Commission on earlier occasions. |
| 4. | Based on the information contained in the reports filed by the competitors on 1 April 2000, the Commission finds that the High Capacity and Digital Data Service (DDS) IXPL services of the companies on the routes identified in Appendix A of this order satisfy the criteria under section 34 of the Telecommunications Act for forbearance. |
| 5. | In particular, the Commission finds that a determination to forbear from regulation of the High Capacity/DDS services listed in Appendix 1 of Stentor Resource Centre Inc. - Forbearance from regulation of interexchange private line services, Telecom Decision CRTC 97-20, for the routes in Appendix A of this order, would be, under section 7 and subsection 34(1) of the Act, consistent with the Canadian telecommunications policy objectives. |
| 6. | In addition, the Commission finds that it would be appropriate to forbear under subsection 34(2) of the Act, on the basis that the forborne services are or will be subject to a level of competition sufficient to protect the interests of users of these services. Finally, the Commission finds that forbearance would not unduly impair the establishment or continuance of a competitive market for the forborne services. The scope of forbearance hereby granted is the same as that granted in paragraphs 97 to 115 of Decision 97-20. |
| 7. | The relevant companies are directed to issue forthwith revised tariff pages removing the tariffs for the services in Appendix 1 of Decision 97-20 for the routes in Appendix A of this order, effective on the date of issuance of the tariff pages. Pursuant to subsection 34(4) of the Act, sections 25 and 31 and subsections 27(1), 27(2), 27(4), 27(5), and 27(6) and (in part) section 24 and subsection 27(3) will no longer apply to these companies' High Capacity/DDS and Multicom and Datalink services set out in Appendix 1 of Decision 97-20 for the routes in Appendix A of this order, to the extent that they are inconsistent with these determinations. |
| 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 | |
Appendix A |
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The CRTC will forbear from regulating the following IXPL routes: |
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TELUS Communications (B.C.) Inc.
Burnaby-Seattle |
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MTS Communications Inc.
Winnipeg-Unionville |
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Bell Canada
Ottawa-Markham |
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| Date Modified: 2000-08-04 |
- Date modified: