ARCHIVED - Order CRTC 2001-44

Order CRTC 2001-44

Ottawa, 19 January 2001

Suite Systems Inc.

Reference: Tariff Notice 1  and 1A

Suite Systems Inc.'s proposed General Tariff

This order approves on an interim basis, with the changes listed below, Suite Systems Inc.'s proposed General Tariff covering general terms and conditions and access services.

Suite SystemsInc. filed an application for approval of its General Tariff (CRTC Tariff 25083) which includes general terms and conditions, and provisions and rates for access services for interconnection with local exchange carriers, interexchange service providers and wireless service providers. The application was filed on 6 November 2000. Suite Systems filed an amendment to its application on
22 November 2000.

The Commission considers that Suite Systems's tariff provisions should include provisions associated with contribution-eligible services provided by Internet service providers as determined in Telecom Orders CRTC 97-570, dated 29 April 1997 and 98-929, dated 17 September 1998.

In addition, Suite Systems'stariff requires a number of minor amendments for the purpose of correcting and/or clarifying various references, rates and provisions.

In light of the foregoing, the Commission orders that:

1. The proposed tariffs are approved on an interim basis, with the following changes:

a) in the definition for "exchange" in Item 101, Definitions, add the words "by an  ILEC" immediately after the words "telephone service";

b) add the following definitions for the terms "Internet service provider", "IP data", "PC voice" and "PSTN voice":

Internet service provider (ISP) is a service provider who provides dialed access capability to connect customers to the Internet via an Internet gateway or server.

IP data is traffic that includes all usage on the Internet except for PSTN voice traffic and PC voice traffic. Facilities used to carry IP data traffic may be eligible for an exemption from contribution charges.

PC voice is real-time voice communication via the Internet using a personal computer or other terminal equipment which is equipped with a modem, and the hardware and software required to perform voice compression and conversion to a form which can be transmitted to or from an ISP over Internet access lines (IALs). At the IAL, PC voice communication is effectively indistinguishable from other forms of communication between a modem-equipped personal computer and an ISP. Facilities used to carry PC voice traffic may be eligible for an exemption from contribution charges.

PSTN voice is real-time voice communications via the Internet to or from a telephone set or other equipment where the conversion for carriage on the Internet is performed at the service provider's (i.e., the ISP's) equipment. Unlike PC voice, such communication can be accommodated using a normal telephone set, without requiring the user to be equipped with a modem or a computer with special hardware or software at the terminal location. Facilities used to carry PSTN voice traffic attract contribution charges;

c) in Item 300(1)(a), replace the word "suitable" with "suitably";

d) in sub-item 300(1)(o), add the following sentence to the end of the provision: "Resellers and sharing groups are required to register with Suite Systems and the Commission prior to receiving service, except those who provide only Suite Systems's switched local exchange and/or switched toll services to persons physically located in or on the reseller's or sharing group's business premises.";

e) in Item 301(1)(g), replace the words "STP or STP" with "STP to STP";

f) insert the following provisions as Item 304(3):

3. Internet service providers (ISPs)

a) Internet service providers are required to register with Suite Systems and the Commission prior to receiving service, with the exception of ISPs that offer contribution-exempt services only, and no other service provider offers PSTN voice or any other contribution-eligible telecommunications services from the same service locations where the ISP contribution-exempt services are provisioned.

b) For an ISP exempted from the requirement to register pursuant to a) above, the contribution charges specified in Items 304.1 and 304.2 do not apply. In such cases, there is no requirement for the ISP to seek a contribution exemption from the Commission.

c) When an ISP offers PSTN voice or other contribution-eligible telecommunications services in addition to contribution-exempt services, but no PSTN voice or other contribution-eligible telecommunications services are offered by the ISP or any other service provider from the same service locations where contribution-exempt services are provisioned, the contribution charges specified in Items 304.1 and 304.2 do not apply. In such cases, the ISP must register, as specified in a) above, and provide an affidavit to Suite Systems affirming that the facilities are used by the ISP to provide ISP services only and are not used to provide PSTN voice services or any other services that might be subject to contribution charges.

d) In other cases where the ISP offers PSTN voice or other contribution-eligible telecommunications services, or any other service provider offers PSTN voice or other contribution-eligible telecommunications services from the same service locations, the contribution charges specified in Items 304.1 and 304.2 do not apply when an interconnecting circuit associated with line-side access or a Canada-U.S. circuit or an overseas circuit is used to provide IP data service or PC voice service, provided that the ISP registers, as identified in a) above, and applies to the Commission on a case-by-case basis and provides evidence satisfactory to the Commission that by reasons of the technical or economic or operational characteristics of the service, it is unlikely that the connections will be used significantly for joint-use interexchange services.

e) The ISP shall make available to Suite Systems, at no charge, a five-hour per month low speed access account that Suite Systems can use to randomly audit the contribution-exempt status of the ISP's services.;

g) in Item 402(2), delete the note that immediately follows the table; and

h) in Item 500, for the province of Alberta, insert the following service charges into the table:

Trunk-side/CCS7 interconnecting circuits