ARCHIVED - Telecom Order CRTC 2002-62

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Telecom Order CRTC 2002-62

Ottawa, 6 February 2002

CRTC approves new Bell Canada services for wholesale customers

Reference: Tariff notices 6643 and 6644


On 24 December 2001, Bell Canada filed tariff notice 6643, an application to introduce Enhanced Mechanized Branding, an optional feature of General Tariff item 87 - Directory Information Service.


Directory Information Service allows wholesale customers to direct their end-users' directory-assistance requests to Bell Canada's systems. Enhanced Mechanized Branding allows wholesale customer-specific messages to be played during calls.


On 24 December 2001, Bell Canada also filed tariff notice 6644 to introduce a Wholesale Automated Alternate Billing Service.


The new billing service would provide access for eligible customers to Bell Canada's Traffic Operator Position System. This would allow these customers to provide alternate billing to their end-users for local and long-distance calls.


Bell Canada stated that, to accommodate both proposed new service offerings, changes are required to the Agreement for the Provision of Operator Services.


Accordingly, Bell Canada submitted a copy of the agreement with TN 6644 for the Commission's approval.


The Commission did not receive any comments on either application.


The Commission notes that in paragraph 9.2 of the agreement, Bell Canada is held harmless from all claims, lawsuits or actions arising from an error or omission made by Bell Canada, whether or not the error or omission is due to the negligence of Bell Canada.


The Commission notes that such an indemnity is broader than the liability provisions set out in the General Tariff item 10.


The Commission considers that this provision of the agreement is too broad, and is not warranted in the circumstances.


Accordingly, the Commission directs Bell Canada to delete from paragraph 9.2 of the agreement, the words ". and whether or not the error or omission is due to the negligence of Bell Canada."


With the exception of the change directed in paragraph 11 of this order, the Commission approves TNs 6643 and 6644, as of the date of this order.

Secretary General

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Date Modified: 2002-02-06

Date modified: