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Telecom Order CRTC 2003-490
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Ottawa, 4 December 2003
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TELUS Communications (Québec) Inc.
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Reference: Tariff Notice 344
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Internet service provider link service
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1.
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The Commission received an application by TELUS Communications (Québec) Inc. (TELUS Québec), dated 12 March 2003, to introduce Internet Service Provider (ISP) Link Service to its Special Facilities Tariff (SFT).
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2.
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TELUS Québec also requested, pursuant to subsection 25(4) of the Telecommunications Act (the Act), Commission ratification for charging for this service prior to the date of the Commission's approval of this Tariff Notice.
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3.
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In support of its application, TELUS Québec provided a cost study to demonstrate that the proposed rates recover the associated costs.
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4.
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The Commission received no comments with respect to the application.
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5.
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In Société en commandite Télébec and TELUS Communications (Québec) Inc. 2002 annual price cap filings, Telecom Decision CRTC 2003-57, 22 August 2003, the Commission concluded that TELUS Québec should file cost studies and imputation test results or alternate costing support, depending on the type of service, when filing tariff applications to introduce a new service or to propose implicit or explicit rate reductions to an existing service.
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6.
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The Commission is satisfied, based on the costing support provided by TELUS Québec, that the proposed rates are set above the associated costs.
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7.
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Accordingly, the Commission approves TELUS Québec's application. The revisions take effect as of the date of this order.
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8.
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With respect to TELUS Québec's request for Commission ratification for this service prior to the date of its approval, subsection 25(4) of the Act states the following:
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Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate:
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(a) was changed because of an error or other circumstances that warrants ratification; or
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(b) was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament.
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9.
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The Commission notes that TELUS Québec provided no information that would satisfy paragraph 25(4)a of the Act and TELUS Québec does not meet the criterion on the requirements set out in paragraph 25(4)b of the Act.
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10.
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As section 25 of the Act does not apply, the Commission denies TELUS Québec's request to ratify charging for this service prior to the date of approval of this application.
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11.
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The Commission notes that TELUS Québec's ISP Link Service could also be beneficial to other customers with similar requirements. The Commission further notes that many incumbent local exchange carriers provide an equivalent ISP Link Service as part of a general tariff and not as an SFT. The Commission is of the view that, in order to minimize the potential for unjust discrimination, TELUS Québec should file a proposed ISP Link Service as part of a general tariff. Accordingly, the Commission directs TELUS Québec to file a proposed ISP Link Service general tariff within 30 days of the date of this order. The Commission considers that this general tariff should be subject to the availability of existing unused and unallocated facilities.
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Secretary General
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Date Modified: 2003-12-04