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Telecom Order CRTC 2003-504
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Ottawa, 11 December 2003
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TELUS Communications Inc.
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Reference: TCI Tariff Notice 517 and TCBC Tariff Notice 4201
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Local network interconnection and network component unbundling
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In this order, the Commission approves TELUS Communications Inc.'s applications for proposed tariff revisions relating to local network interconnection and component unbundling.
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1.
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The Commission received applications by TELUS Communications Inc. (TCI ), dated 30 July 2003, to revise item 215, Local Network Interconnection and Network Component Unbundling, of the former TCI Carrier Access Tariff, and item 105, Local Network Interconnection and Network Component Unbundling, of TELUS Communications (B.C.) Inc. (TCBC) Carrier Access Tariff. TCI stated that it was filing these tariff revisions pursuant to Provision of telecommunications services to customers in multi-dwelling units, Telecom Decision CRTC 2003-45, 30 June 2003 (Decision 2003-45), paragraphs 198 and 199.
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2.
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The Commission received comments from Call-Net Enterprises Inc. (Call-Net) dated 8 August 2003, and from Allstream Inc. (Allstream) dated 29 August 2003, and reply comments from TCI, dated 15 August 2003 and 8 September 2003.
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Background
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3.
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In Decision 2003-45, the Commission determined that loop providers must provide local exchange carriers (LECs) the option of terminating leased unbundled loops either at the service provider demarcation point or at the customer demarcation point, at current tariff rates. In Decision 2003-45, the Commission also determined that LECs that have responsibility and control of copper in-building wire in a multi-dwelling unit (MDU) must permit other LECs to connect to and use the in-building wire at no charge. The Commission directed LECs to file, for the Commission's approval, within 30 days of the date of that Decision, proposed tariff pages reflecting the Commission's determinations.
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The application
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4.
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TCI proposed, among other things, to include the following paragraphs in its revised tariff pages:
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- In the case of MDUs, CLECs have the option of terminating leased unbundled loops provided by TCI either at the Service Provider Demarcation Point or at the Customer Demarcation Point, at the current tariff rates.
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- Also, in the case of MDUs, CLECs that do not lease unbundled loops provided by TCI but rather bring their own facilities into the building, are permitted to connect to and use the copper in-building wire under TCI's responsibility and control, at no charge. At the time of connection by a CLEC to the Company's copper in-building wire, the CLEC takes responsibility and control for its customer's end-to-end service.
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Comments of Allstream and Call-Net
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5.
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Allstream and Call-Net argued that the sentence TCI had proposed concerning a CLEC's responsibility for its customer's end-to-service was misleading. Both parties maintained that a CLEC could only take responsibility for a customer's end-to-end service once the leased unbundled loop had been successfully provisioned at both ends and not only at the customer-end. Call-Net stated that the central office connecting link at the point of interconnection interface must also be completed and copper continuity confirmed before the responsibility of any end-to-end service could be transferred from the current service provider to the new service provider. Call-Net noted that, while the end-to-end responsibility would become the CLEC's responsibility for the unbundled loop, including in-building wire, remains the loop provider's. Allstream and Call-Net argued that the sentence concerning a CLEC's responsibility for and control of its customer's end-to-end service should be removed.
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6.
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Allstream and Call-Net concluded that the application of Saskatchewan Telecommunications (SaskTel) to revise its Competitor Access Tariff item 610.18, filed 28 July 2003 pursuant to Decision 2003-45, should be the standard model for all incumbent local exchange carriers (ILECs) and that TCI should be directed to incorporate only the changes proposed in SaskTel's application.
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TCI's reply
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7.
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In reply, TCI stated that the tariff wording in question applies to situations where a CLEC supplies its own local loops and is not related to the lease of unbundled loops.
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8.
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TCI noted that, contrary to the assertion made by Call-Net that it is the responsibility of the ILECs to maintain and repair the in-building wire in the situations at issue, the Commission concluded in paragraph 197 of Decision 2003-45 that the LECs that make use of other LECs' facilities (i.e., in-building wire) are responsible for their maintenance.
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9.
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TCI stated that the tariff sentence at issue simply states that the CLEC has responsibility and control for its customer's end-to-end service upon connection to TCI's in-building wire. TCI noted that, in this regard, Call-Net in its comments clearly agrees that the end-to-end responsibility becomes the CLEC's.
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Commission analysis and determination
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10.
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The Commission notes that SaskTel's tariff does not contain the sentence concerning a CLEC's responsibility for and control of its customer's end-to-end service that Allstream and Call-Net requested be deleted from TCI's tariffs. The Commission also notes the comments of Allstream and Call-Net that this sentence was misleading as, in their view, a CLEC would only take responsibility for the customer's service once the leased unbundled loop has been provisioned at both ends and not simply at the customer end. While the Commission agrees that this sentence would be correct if it applied in situations where a CLEC is leasing unbundled loops, the Commission finds that the proposed sentence only addresses situations in which CLECs bring their facilities to an MDU and connect to the in-building wire to access customers in that MDU. Thus, a LEC that brings its facilities to an MDU and connects to the in-building wire would have responsibility for and control of its customer's end-to-end service. Accordingly, the Commission finds that the sentence proposed by TCI concerning a CLEC's responsibility and control for its customer's end-to-end service is reasonable.
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11.
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The Commission further considers that the other tariff changes proposed by TCI adhere to the directives of Decision 2003-45 and are appropriate.
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12.
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In light of the above, the Commission approves TCI's applications. The revisions take effect as of the date of this order.
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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: 2003-12-11