ARCHIVED - Telecom Order CRTC 2002-230

This page has been archived on the Web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.

Telecom Order CRTC 2002-230

Ottawa, 7 June 2002

Amtelecom Inc.

Reference: 8663-C12-05/01 and 8622-A2-01/02


In a letter dated 29 January 2002, Amtelecom Inc. (Amtelecom) requested a formal ruling by the Commission on revision 7 of tariff page 6, section 100 of its General Tariff (tariff revision 7), issued by Amtelecom on 24 December 2001.


Tariff revision 7 was issued by Amtelecom to implement rates, which it believed were contemplated by Regulatory framework for the small incumbent telephone companies, Decision CRTC 2001-756, 14 December 2001 (Decision 2001-756).


In Decision 2001-756, at paragraph 61, the Commission allowed the small incumbent local exchange carriers (ILECs) to make monthly residential local rate increases to reach $22.75 per network access service (NAS), effective 1 January 2002, for those small ILECs whose residential local rates were between $18.75 and $22.74, at that time. The ILECs whose residential local rates were below $18.75 could only increase the monthly residential local rates by a maximum of $4.00 per year.


Amtelecom sought a formal ruling and clarification of this decision after receiving a letter, dated 14 January 2002, from Commission staff indicating that tariff revision 7 was not in compliance with Decision 2001-756. Amtelecom put forth the position that, for the purpose of implementing rate increases pursuant to Decision 2001-756, its primary residential rate should be considered to be $19.85, which excludes the increase previously approved by the Commission for Amtelecom's service improvement plan (SIP). Further, Amtelecom stated that it would continue to apply tariff revision 7 as issued on 24 December 2001. Amtelecom stated that, upon receipt of a formal ruling, it would fully rebate any excess monies collected from its subscribers if it was ordered to do so.


The Commission notes that, pursuant to Amtelecom Inc. - Service improvement plan, Order CRTC 2000-1097, 4 December 2000 (Order 2000-1097) Amtelecom's approved residential individual line rate is $25.10, with the exception of its Manitoulin exchange where the approved rate is $26.75. The Commission further notes that, pursuant to tariff revision 7, Amtelecom began charging its residential individual line customers, with the exception of those in its Manitoulin exchange, a monthly rate of $28.00, effective 1 January 2002.


In the Commission's view, Decision 2001-756 does not provide the grounds to allow the exclusion of any rate increases related to SIPs for the purpose of determining whether or not a rate increase is permitted under that decision.


Accordingly, the Commission considers that, for the purpose of Decision 2001-756, Amtelecom's approved rates for residential individual line service exceed $22.74, and finds that Amtelecom's tariff revision 7 does not comply with the rate changes allowed under that decision.


The Commission therefore directs Amtelecom to:

- fully rebate all excess monies collected from subscribers forthwith, including accumulated interest on those monies calculated at the company's short term cost of debt, and
- issue forthwith, a revised tariff page to reflect the rates approved by the Commission in Order 2000-1097.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site:

Date Modified: 2002-06-07

Date modified: