ARCHIVED - Telecom - Commission Letter - 8622-T42-200308157 - Allstream Inc. DS-3 Channelization
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LetterOur file: 8622-T42-200308157 Ottawa, 1 August 2003
Willie Grieve - and -
Teresa Griffin-Muir Re: Allstream Inc. DS-3 Channelization On 25 June 2003, TELUS Communications Inc. (TELUS) filed an application pursuant to Part VII of the CRTC Rules of Procedure and subsections 32(g) and 48(1) of the Telecommunications Act (the Act), seeking an order from the Commission to enable TELUS to fully comply with the obligations and requirements imposed on it by sections 25(1) and 27(2) of the Act. TELUS stated that since June 2002, it had been providing channelization service for co-location connecting links to Allstream Inc. (Allstream) in a manner that does not comply with TELUS' approved tariffs, and wished to rectify this situation. Specifically, TELUS requested that the Commission:
. Direct Allstream to immediately advise TELUS of which option identified in TELUS' letter of 28 May 2003 it chooses in order to rectify the situation. The two options that TELUS had presented to Allstream both required reconfiguration of Allstream's services:
. Allstream could reconfigure the DS-3 co-location connecting link to a DS-3 channel from TELUS' channelization equipment to Allstream's point of presence (POP), bypassing Allstream's co-location facility. In its answer dated 24 July 2003 to TELUS' Part VII application, Allstream argued that neither of these options would be suitable as they are more costly and less efficient. Furthermore, Allstream was of the view that it was unnecessary to reconfigure its services since it believed that the service is being provided in full compliance with TELUS' approved tariffs. Although TELUS stated that it would continue to provide what it considered were non-compliant services to Allstream until the Commission issued its determination with regard to TELUS' Part VII application, on 21 July TELUS refused to deliver an order from Allstream for DS-3 channelization service on DS-3 co-location connecting links. As a result, Allstream was unable to connect a new end-customer. In light of the urgent situation for Allstream and its end-customer, as well as for TELUS in terms of compliance with its approved tariffs, a conference call among the two parties and Commission staff was held on 30 July 2003 to discuss the issues. Based on TELUS' application, Allstream's response and the 30 July conference call, Commission staff is of the view that the wording of the terms of conditions of TELUS' General Tariff CRTC 1005, Item 447, and CRTC 18008, Item 500, Digital Network Access, do not expressly describe the service currently being provided by TELUS to Allstream. For example, Condition #3 of these tariffs reads as follows: A DS-3 channelizing feature is available whenever the service application requires one which enables a DS-3 access or channel to be connected to DS-1 channels. When the conditions of service for TELUS' General Tariff CRTC 1005, Item 447, and CRTC 18008, Item 500, Digital Network Access, were approved by the Commission, it was not likely contemplated that the channelization feature would be required in the manner that it is being provided by TELUS to Allstream. In order to use the channelization feature to enable a DS-3 co-location connecting link to be connected to DS-1 channels, the tariffs should be amended in the following ways:
1. Replace "DS-1 access or channel" with "DS-1 Access, channel or connecting link" in Condition #2, and Commission staff is of the view that with this revised wording, TELUS' tariffs would allow TELUS to continue to provide the channelization service in conjunction with the DS-3 co-location connecting link to Allstream as it has been doing for several years. In staff's opinion, Conditions #2 and #3 (or any other term of the DNA tariff) do not require that the access or channel (or connecting link, with the revised wording) be purchased under the DNA tariff along with the channelization feature. Rather, Conditions #2 and #3 merely set out the purposes for which the channelization feature must be used. As well, the use of the channelization feature in combination with access obtained under the Competitor Digital Network Access (CDNA) tariff was contemplated by the Commission in Interim Competitor Digital Network Access service, Telecom Decision CRTC 2002-78, 23 December 2002 (Decision 2002-78). In that decision, the Commission noted that the incumbent local exchange carriers' (ILEC) interim CDNA tariffs contained no restrictions with respect to the use of the CDNA service in conjunction with other ILEC service offerings, including the channelization feature (emphasis added). The Commission confirmed that competitors may use components of the CDNA service in conjunction with other ILEC services or service components at current tariff rates, with any service that they self-supply, or with any service acquired from a third party (paragraph 25 of Decision 2002-78). Staff notes that Allstream is obtaining DS-1 access services under TELUS' CDNA and DNA tariffs. Commission staff notes that the two options presented by TELUS, in the absence of revised DNA tariffs, are more costly and less efficient than the provision of the channelization feature in conjunction with a DS-3 connecting link to Allstream's co-location space. Further, staff notes TELUS stated that the reason it presented the two options to Allstream months ago, and more recently when it refused to provide new service to Allstream, was because of its concern with non-compliance with its approved DNA tariffs. Commission staff further notes that TELUS has not indicated or stated in its arguments that it has any objections to providing this service, providing it is in compliance with its tariffs. In light of the foregoing, Commission staff is of the view that TELUS should file proposed revisions to its DNA tariffs in order for it to continue to provide the service currently being provided to Allstream. In staff's view, revisions to TELUS' DNA tariffs would be the most expedient and equitable solution for TELUS, Allstream and Allstream's end-customers. Assuming that TELUS agrees to file an application seeking to amend its DNA tariffs to allow the provision of the service to Allstream, Commission staff is of the opinion that it would be appropriate for TELUS to proceed with provisioning the service for new Allstream customers without further delay. Staff notes that TELUS will be required to apply to have the rates charged for providing DS-3 channelization service with DS-3 connecting links ratified, pursuant to section 25(4) of the Act. On the basis of the Commission staff opinion contained herein, it is expected that:
1. TELUS will deliver services to Allstream on DS-3 co-location connecting links to allow Allstream to provide service to its end-customer; and Yours sincerely, - original signed by Shirley Soehn -
Shirley Soehn
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