ARCHIVED - Telecom Order CRTC 2002-468

Telecom Order CRTC 2002-468

Ottawa, 20 December 2002

Futureway Communications Inc.

Reference: Tariff Notice 7

Service charge associated with trouble identification on unbundled local loops provisioned by incumbent local exchange carriers

1.

The Commission received an application by Futureway Communications Inc. (Futureway), dated 12 August 2002, to add General Tariff item 201- Service Charge for Trouble Identification on ILEC Unbundled Local Loops, in order to introduce a service charge. The service charge will apply when Futureway dispatches a service technician to perform a co-operative test on an incumbent local exchange carrier's (ILEC's) unbundled local loop after confirmation that the loop is functional and the trouble is found to be in the ILEC's facilities and/or equipment.

2.

Futureway noted that in the normal course of provisioning service to its end customers via local loops leased from an ILEC, it tested each loop after service was cut over to its network. Futureway noted that, at times, and despite indication from the ILEC that the loop was ready for service, it had encountered trouble on the loop. Futureway indicated that, in these instances, it would contact the ILEC and the ILEC would either resolve the trouble or report back to Futureway that no trouble existed.

3.

Futureway noted that, in the event that the ILEC reported that no trouble existed, it would request a further co-operative test on the loop. Futureway claimed that in many of these cases the co-operative test revealed that the trouble existed on the ILEC's side of the network.

4.

Futureway indicated that a co-operative test on a loop required Futureway to dispatch a service technician to the central office in question. Futureway submitted that in cases where the co-operative test confirmed that the trouble was on the ILEC's side of the network, the associated cost for the dispatch of a Futureway technician should be recovered from the ILEC. Futureway proposed that applying a service charge to the ILEC would achieve this objective.

5.

Futureway also submitted that the service charge rate it has proposed is identical to the service charge rate approved by the Commission for Bell Canada.

6.

The Commission received no comments with respect to the application.

7.

Pursuant to Local competition, Telecom Decision CRTC 97-8, 1 May 1997, the Commission determined that, when filing proposed tariffs, competitive local exchange carriers must provide justification for any departures from the terms, conditions and rates approved by the Commission and contained in the ILECs' tariffs.

8.

The Commission considers that Futureway's tariff regarding the introduction of a service charge for trouble identification cost recovery to be similar in nature to those approved by the Commission for the ILECs. Further, the Commission notes that Futureway's proposed rates are identical to the current rates contained in Bell Canada General Tariff item 4210 - Diagnostic Maintenance Charges. Accordingly, the Commission finds the introduction of the service proposed by Futureway, to recover the costs associated with a dispatch of a Futureway technician which determines that the trouble resides on the ILEC side of the network, to be appropriate.

9.

The Commission approves on an interim basis Futureway's application. The revisions take effect as of the date of this order.

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