ARCHIVED - Telecom Order CRTC 2002-406

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Telecom Order CRTC 2002-406

Ottawa, 11 October 2002

TELUS Communications Inc.

Reference: Tariff Notices 32 and 65

Large Capacity Digital Network Access Service Tariff


In Large Capacity Digital Network Access Service Special Facilities Tariff, Telecom Order CRTC 2002-334, 13 August 2002 (Order 2002-334), the Commission denied the application by TELUS Communications Inc. (TCI), filed under Tariff Notice (TN) 32, to revise TCI's Special Facilities Tariff to introduce customer specific large capacity digital network access services in Alberta and British Columbia. The Commission found, among other things, that these services should be available to all service providers, and therefore, should be provided pursuant to TCI's General Tariff. The Commission directed TCI to file, within 14 days of the date of Order 2002-334, a General Tariff application to provide large capacity digital network access services.


In Order 2002-334, the Commission also found that TCI had breached section 25(1) of the Telecommunications Act by providing non-forborne services for which there was no tariff approved by the Commission. Accordingly, the Commission ordered TCI to cease and desist from providing such services in Alberta within 60 days from the date of that order.


On 27 August 2002, TCI filed TN 65 proposing to add Ethernet Access Service and OC-3 Digital Network Access Service to its General Tariff. The Commission received comments from AT&T Canada Corp. and Mr. François Ménard dated 24 September 2002 and 26 September 2002, respectively. The Commission issued interrogatories to TCI on 27 September 2002. TCI responded to the Commission's interrogatories and provided its reply comments on 1 October 2002.


The Commission is of the view that TN 65 and TCI's responses to the interrogatories raise issues that cannot be adequately addressed before the cease and desist order comes into effect on 12 October 2002.


In light of the above, the Commission extends the date established in Order 2002-334, by which TCI is to cease and desist from providing any non-forborne service in Alberta for which there is no approved tariff, to 60 calendar days from the date of this order.


The Commission intends to issue its decision on TN 65 within the extended 60 day period, unless it determines that an oral phase in this proceeding is necessary. That determination will be made when the responses to interrogatories, which the Commission will issue shortly to TCI, have been received.

Secretary General

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Date Modified: 2002-10-11

Date modified: