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Telecom Decision CRTC 2003-53-1

Ottawa, 25 September 2003

See also: 2003-53

Conditions of service for wireless competitive local exchange carriers and for emergency services offered by wireless service providers

Reference: 8669-M16-01/01 and 8669-C12-01/01

Erratum

1. The Commission is issuing a revised Appendix B to Conditions of service for wireless competitive local exchange carriers and for emergency services offered by wireless service providers, Telecom Decision CRTC 2003-53, 12 August 2003 (Decision 2003-53).

2. In Decision 2003-53, the Commission had directed the incumbent local exchange carriers (ILECs) offering WSP E9-1-1 to incorporate the limitation of liability provisions set out in Appendix B in their WSP E9-1-1 Agreements.

3. Revisions have been made to the inter-carrier limitation of liability and indemnification provisions set out in sub-item 2.1 (b) so as to clarify that the ILEC's responsibility with respect to the accuracy and content of the Cell Site/Sector Location Information and Calling Party's Numbers is limited to accurately recording, storing and transmitting this information as provided by the wireless carrier to the ILEC. Responsibility to provide and update this information continues to rest with the wireless carrier.

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

Appendix B

Inter-carrier limitation of liability and indemnification
in respect of wireless enhanced 9-1-1 network access services

1.1 [The wireless carrier's] liability to [the ILEC] as a result of any liability award, claim, demand, suit, proceeding, action, cause of action, loss, cost, charge, damage, expense or other claim of any kind or nature whatsoever, direct or indirect, regardless of the cause, arising out of or relating to the Agreement, the Wireless Enhanced 9-1-1 Service Tariff or any other Tariff, the operation of or failure of Wireless Enhanced 9-1-1 Service or any part thereof including, without limitation, any claim arising out of a failure to complete a 9-1-1 call, any delay in completion of a 9-1-1 call, any interruption of a 9-1-1 call, or any error in information used in connection with the operation of Wireless Enhanced 9-1-1 Service shall be limited to the extent set out at Appendix A of Telecom Decision CRTC 2003-53.

1.2 [The ILEC] shall not be entitled to any claim against [the wireless carrier] in the event of [the wireless carrier's] failure to perform its obligations related to Wireless Enhanced 9-1-1 Service where such failure is directly or indirectly caused by or results from a breach by [the ILEC] of its obligations under this Agreement or the Wireless Enhanced 9-1-1 Service Tariff, or an event or events beyond the reasonable control of [the wireless carrier].

2.1 [The ILEC] shall:

  1. indemnify and hold harmless [the wireless carrier], its directors, officers, employees and agents from and against any and all manner of liabilities, awards, claims, demands, suits, proceedings, actions, causes of actions or other claims which may be brought or made against [the wireless carrier]  or such persons, or which [the wireless carrier] or such persons may become subject to;
  2. be liable to [the wireless carrier], its directors, officers, employees and agents for any and all losses, costs, charges, damages and expenses whatsoever (and without limiting the generality of the foregoing, any losses, costs, damages and expenses of [the wireless carrier] or such persons, including costs as between a solicitor and his own client) which [the wireless carrier] or such persons may sustain, pay or incur; as a result of, arising out of, or in connection with:
    1. any act or omission of [the ILEC] in the furnishing of service by [the ILEC] to [the ILEC's] end-customers;
    2. any breach by [the ILEC] of its obligations with respect to this Agreement or the Wireless Enhanced 9-1-1 Service Tariff;
    3. any interruption in [the ILEC's] service or interference with the operation of any facilities or equipment of [the ILEC] arising in any manner from the services provided under this Agreement and the Wireless Enhanced 9-1-1 Service Tariff;
    4. any failure by [the wireless carrier] to carry out its obligations hereunder as a result of [the ILEC's] failure to accurately record, store and transmit Cell Site/Sector Location Information and Calling Party's Numbers as received by [the ILEC] from [the wireless carrier].

3.1 Other than as provided for in this Agreement, there are no warranties, representations, conditions or guarantees of any kind whatsoever provided by [the wireless carrier] to [the ILEC], either expressed or implied, whether arising by statute, agreement, tort, product liability or otherwise, regarding this Agreement.

4.1 [The ILEC] waives any claims it may now or in the future have in tort or contract law, under statute or in equity, and confirms that its rights, obligations, rights of indemnity and measure and type of damages in the event of breach are limited to those provided in this Agreement.

5.1 These provisions shall survive termination of this Agreement.

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