|
|
Telecom Order CRTC 2003-448
|
|
|
Ottawa, 6 November 2003
|
|
|
Aliant Telecom Inc.
|
|
|
Reference: Tariff Notices 48 and 48A
|
|
|
Digital network access services
|
|
|
The Commission approves Aliant Telecom Inc.'s application, with the exception of its proposal to remove 128 Kbps Fractional DS-1 service from its tariff, which is denied.
|
|
1.
|
The Commission received an application by Aliant Telecom Inc. (Aliant Telecom) dated 23 September 2002 and amended on 23 July 2003, to migrate to the Aliant Telecom General Tariff, item 508, its Digital Network Access (DNA) service offerings from the following tariffs:
|
|
|
- Island Telecom Inc. General Tariff, item 2900;
|
|
|
- Maritime Tel & Tel Limited (MTT) General Tariff, items 4300, 4400, 4450, 4460, 4470 and 4480;
|
|
|
- NBTel Inc. (NBTel) Special Services Tariff, items 3770.1, 3770.2, 3775.1, 3776.1 and 3777.1; and
|
|
|
- NewTel Communications Inc. Non-Basic Services Tariff, Digital Channel Service and 10/100/155 Megabit Per Second Access Service.
|
|
2.
|
Aliant Telecom indicated that its application contained no price changes or changes in the conditions under which the service would be provided.
|
|
3.
|
Aliant Telecom also proposed the following additional changes:
|
|
|
- removal of 128 Kbps Fractional DS-1 service from the tariff;
|
|
|
- removal of Digital Service Units (DSUs) from the tariff; and
|
|
|
- replacement of, for the province of Newfoundland and Labrador, the "adjoining exchange component" with a reference to the National Services Tariff, Digital Private Line Service Extension Access Service.
|
|
4.
|
With respect to its proposal to remove 128 Kbps Fractional DS-1 service from its tariffs, Aliant Telecom noted that the service was only offered when bundled with a frame relay access. Aliant Telecom submitted that removing the service would be consistent with the Commission's determinations in Supernova wide area network service, Order CRTC 2001-400, 24 May 2001 (Order 2001-400), which approved the removal of bundled frame relay and x.25 packet data accesses from its tariffs.
|
|
5.
|
With respect to its proposal to remove DSUs from the tariff, Aliant Telecom noted that DSUs are terminal equipment and that the Commission has forborne from regulating terminal equipment.
|
|
6.
|
Finally, with respect to Aliant Telecom's proposal to replace, for the province of Newfoundland and Labrador, the "adjoining exchange component" with a reference to the National Services Tariff, Digital Private Line Service Extension Access Service, the company submitted that this would be consistent with the treatment of this element in the tariffs for Nova Scotia and Prince Edward Island (PEI). Aliant Telecom noted that the rates and charges would remain unchanged.
|
|
7.
|
In the amendment to its application, Aliant Telecom proposed to introduce DNA - Gigabit service in New Brunswick, Newfoundland and Labrador, and PEI.
|
|
8.
|
The Commission received no comments with respect to the application.
|
|
|
Commission analysis and determination
|
|
9.
|
In Telecom Order CRTC 96-130, 19 February 1996 (Order 96-130), the Commission disposed of an application filed by Stentor Resource Centre Inc. requesting forbearance from the regulation of Datapac (an X.25 packet data service), Pospac, Hyperstream (a frame relay service), and Custom Packet Network services. In Order 96-130, in support of its decision to forbear from Datapac, the Commission noted that Datapac access arrangements are provided to meet customer needs and could be configured from existing tariff access services outside the Datapac tariff.
|
|
10.
|
In Forbearance granted for telcos' wide area network services, Order CRTC 2000-553, 16 June 2000 (Order 2000-553), the Commission found that wide area network (WAN) access was a value-added enhanced service available to WAN customers, and was a part of WAN service. The Commission noted that the underlying access services were available from both the applicants at tariff rates and from competitors.
|
|
11.
|
In Order 2001-400, the Commission approved Aliant Telecom's request, filed on behalf of MTT and NBTel, to remove from their tariffs existing X.25 packet data, frame relay services, and WAN service.
|
|
12.
|
The Commission notes that Aliant Telecom's tariff defines 128 Kbps Fractional DS-1 service as a local service, which provides access to frame relay services from customer premises to MTT's serving wire centre.
|
|
13.
|
As noted above, the Commission has forborne from regulating bundled frame relay services. However, the underlying access components of such services that are available from existing tariffs, have not been forborne. The Commission notes that, although Aliant Telecom's 128 Kbps Fractional DS-1 service is used in conjunction with frame relay service, which is forborne, it is an access service. The Commission therefore finds that it would not be appropriate to accept Aliant Telecom's proposal to remove the provisions associated with 128 Fractional DS-1 service from its tariff.
|
|
14.
|
In respect of Aliant Telecom's proposal to remove DSUs from its tariff, the Commission notes the following definition in the company's General Tariff:
|
|
|
A DSU is located at the customer's premises, provides the digital interface between the customer's terminal equipment and the access. It is a dataset which conforms to the DDS transmission standard and may be Company or customer provided.
|
|
15.
|
The Commission notes that in Review of regulatory framework, Telecom Decision CRTC 94-19, 16 September 1994, it forbore from regulating the lease and maintenance of competitive terminal equipment.
|
|
16.
|
Accordingly, the Commission considers that Aliant Telecom's proposal to remove DSUs from its tariff is reasonable.
|
|
17.
|
In respect of Aliant Telecom's proposal to reference the National Services Tariff for the "adjoining exchange component" for Newfoundland and Labrador, the Commission notes that in the existing tariffs for Nova Scotia and PEI this element is treated in a similar manner and that the rates would remain unchanged. Accordingly, the Commission considers that Aliant Telecom's proposal to reference the National Service Tariff for this element is reasonable.
|
|
18.
|
In respect of Aliant Telecom's proposal to introduce DNA - Gigabit service in New Brunswick, Newfoundland and Labrador, and PEI, the Commission notes that Aliant Telecom has proposed the same terms, conditions and rates that have been approved for this service in Nova Scotia. The Commission further notes that Aliant Telecom has provided a cost study in support of the proposed rates for the service. The Commission is satisfied that the proposed service passes an imputation test.
|
|
19.
|
Accordingly, the Commission considers that Aliant Telecom's proposal to introduce DNA - Gigabit service in New Brunswick, Newfoundland and Labrador, and PEI is reasonable.
|
|
20.
|
In light of the foregoing, the Commission approves Aliant Telecom's application, with the exception of its proposal to remove 128 Kbps Fractional DS-1 service from its tariff, which is denied.
|
|
21.
|
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
|
Date Modified: 2003-11-06