ARCHIVED - Telecom Decision CRTC 2004-16
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Telecom Decision CRTC 2004-16 |
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| Ottawa, 5 March 2004 | |
TELUS Communications Inc. - Request to delay any reconciliation of accounts that may be necessary as a result of Decision 2003-54 |
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| Reference: 8661-T66-200312588 | |
| In this decision, the Commission denies TELUS Communications Inc.'s request to delay any requirement for a reconciliation of accounts that might be necessary as a result of Part VII application by Shaw Communications Inc. requesting a proceeding to consider the rates for Type B, C and D conduit provided by TELUS Communications Inc., Telecom Decision CRTC 2003-54, 13 August 2003. | |
The application |
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1. |
The Commission received an application pursuant to Part VII of the CRTC Telecommunications Rules of Procedure, dated 12 September 2003 from TELUS Communications Inc. (TCI), requesting that the Commission delay any requirement for a reconciliation of accounts that might be necessary as a result of Part VII application by Shaw Communications Inc. requesting a proceeding to consider the rates for Type B, C and D conduit provided by TELUS Communications Inc., Telecom Decision CRTC 2003-54, 13 August 2003 (Decision 2003-54). |
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2. |
In support of its request, TCI noted that on 12 September 2003 it had applied to the Federal Court of Appeal, pursuant to section 64 of the Telecommunications Act (the Act), for leave to appeal from Decision 2003-54. TCI stated that its application to the Federal Court of Appeal is motivated by the company's view that the Commission does not have the authority to make retroactive rate determinations when the rates in question are final rates, as is the case with the order made in Decision 2003-54. |
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3. |
TCI requested that the Commission delay any requirement for any reconciliation of accounts until the Courts have decided the question of law presented by its appeal, given its application to the Federal Court of Appeal on the question of law as to the validity of the retroactive rate determinations made in Decision 2003-54. |
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4. |
The Commission received comments from the Canadian Cable Television Association (CCTA) on behalf of its members, including Shaw Communications Inc. and Delta Cable Communications, dated 17 September 2003. |
Background |
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5. |
In Decision 2003-54, the Commission varied that part of Rates set for access to telephone companies' support structures, Order CRTC 2000-13, 18 January 2000 (Order 2000-13) in which it approved the elimination of the distinct rates for TCI's Type B, C and D conduit given final approval in Access to telephone company support structures, Telecom Decision CRTC 95-13, 22 June 1995 (Decision 95-13) and directed TCI to issue revised tariff pages reinstating the definitions and the rates for Type B, C and D conduit in its serving area in British Columbia given final approval in Decision 95-13, effective 17 February 2000. |
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6. |
In Decision 2003-54, the Commission noted that the record of the proceeding indicated that TCI had not, in fact, collected the higher conduit rates approved in Order 2000-13. According to an affidavit filed by the CCTA with its Factum in response to TCI's application for leave to appeal Decision 2003-54, with the exception of a single invoice paid under protest by Coast Cable, none of the companies had ever paid TCI the higher rate. |
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7. |
As noted above, on 12 September 2003, TCI applied to the Federal Court of Appeal for leave to appeal from Decision 2003-54. TCI did not ask the Federal Court of Appeal for a stay. The Federal Court of Appeal granted TCI leave to appeal on 6 November 2003. |
Positions of parties |
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TCI |
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8. |
TCI submitted that delaying any reconciliation of accounts required by Decision 2003-54 would not prejudice any party. |
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9. |
TCI stated that it undertook to make the necessary billing adjustments to or from the companies who use conduit, in respect of the period from 17 February 2000 to 13 August 2003, based on the final determinations made by the Courts. |
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CCTA |
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10. |
The CCTA submitted that there was no reason for the Commission to delay the reconciliation of accounts. |
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11. |
The CCTA stated that Decision 2003-54 has full force and effect unless and until overturned by the Federal Court of Appeal. |
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12. |
The CCTA further stated that this matter has been outstanding for nearly three years, its members are anxious to bring their accounts up to date, and if leave were to be granted, it could be several more years before the matter is finally disposed of. The CCTA submitted that leaving the accounts outstanding for such a lengthy period would be both unnecessary and inappropriate. |
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13. |
Finally, the CCTA submitted that, as TCI had not been collecting the higher rate for access to the conduit in question, there would be no prejudice to TCI in reconciling its accounts with affected cable companies as directed by the Commission. |
Commission analysis and determination |
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14. |
The Commission notes that TCI issued tariff pages on 9 September 2003 reflecting the Commission's determination made in Decision 2003-54. |
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15. |
The Commission notes that with the possibility of one invoice paid under protest, TCI has not collected the higher conduit rates approved in Order 2000-13. The Commission also notes that Shaw Communications Inc. had raised concerns with regard to the rates in question shortly after Order 2000-13 was released. Accordingly, the Commission considers that there would be little if any prejudice to TCI in reconciling the accounts. |
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16. |
In light of the above, the Commission considers that it would not be appropriate to delay any reconciliation of accounts required pursuant to Decision 2003-54. Accordingly, the Commission denies TCI's application. |
| 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: 2004-03-05
- Date modified: