ARCHIVED - Telecom Order CRTC 2003-93

Telecom Order CRTC 2003-93

Ottawa, 28 February 2003

Forbearance from regulation of an additional interexchange private line route

Reference: 8638-S1-01/98

In this order, the Commission forbears from regulating an additional interexchange private line route on which competitors of TELUS Communications Inc. now provide or offer services at DS-3 or higher bandwidth.

1.

In Follow-up proceeding to Telecom Decision CRTC 97-20: Establishment of criterion and process for considering further forbearance from high capacity/DDS interexchange private line services, Telecom Order CRTC 99-434, 12 May 1999 (Order 99-434), the Commission directed competitors of the major incumbent local exchange carriers (ILECs) to file with the Commission, on 1 April and 1 October of each year, the list of interexchange private line (IXPL) routes on which they offer or provide service at the equivalent of DS-3 or greater bandwidth, on a private line basis to at least one customer, using their own terrestrial facilities, or terrestrial facilities leased from other than an ILEC or an affiliate of an ILEC.

2.

In Order 99-434, the Commission stated that, upon being satisfied that one or more competitors meet this criterion, it would proceed to forbear without further process.

3.

In April 2002, Call-Net Enterprises Inc. (Call-Net) reported that it offered or provided IXPL services between Calgary and Red Deer. GT Group Telecom Services Corp. (Group Telecom) reported the same route in June 2002.

4.

The Commission finds, based on the information provided by Call-Net and Group Telecom, that the high capacity and digital data systems (DDS) IXPL services of TELUS Communications Inc. (TELUS) on the route between Calgary and Red Deer satisfy the criteria under section 34 of the Telecommunications Act (the Act) for a forbearance determination.

5.

In particular, the Commission finds that a determination to forbear from regulation of the high capacity/DDS services along the Calgary to Red Deer route would, under subsection 34(1) of the Act, be consistent with the Canadian telecommunications policy objectives set out in section 7.

6.

In addition, the Commission finds that it would be appropriate to forbear in relation to this route under subsection 34(2) of the Act, on the basis that the forborne services are subject to a level of competition sufficient to protect the interests of users of these services. Finally, the Commission finds that to forbear would not impair unduly the establishment or continuance of a competitive market for the forborne services.

7.

The Commission notes that the scope of forbearance hereby granted is the same as that granted in Stentor Resource Centre Inc. - Forbearance from regulation of interexchange private line services, Telecom Decision CRTC 97-20, 18 December 1997 (Decision 97-20).

8.

TELUS is directed to issue tariff pages removing the tariffs for the service for this route, to be effective on the date of issuance of the tariff pages. Pursuant to subsection 34(4) of the Act, sections 25 and 31 and subsections 27(1), 27(2), 27(4), 27(5), and 27(6) and (in part) section 24 and subsection 27(3) will no longer apply to TELUS' high capacity/DDS and Multicom and Datalink services between Calgary and Red Deer, to the extent that they are inconsistent with the Commission's determinations herein.

9.

The Commission will retain sufficient powers under section 24 of the Act to ensure that the confidentiality of customer information is protected. Accordingly, on a going-forward basis, the existing conditions concerning confidentiality of customer information are to be included, where appropriate, in all contracts or other arrangements with customers for the provision of the forborne services in this order.

10.

The Commission will retain its powers under section 24 of the Act to impose future conditions upon the forborne services provided by TELUS, where circumstances so warrant.

11.

The Commission will also retain its powers and duties under subsection 27(3) of the Act to the extent that it does not refer to compliance with powers and duties not forborne in Decision 97-20.

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: www.crtc.gc.ca