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ARCHIVED - Telecom Decision CRTC 2004-59

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Telecom Decision CRTC 2004-59

  Ottawa, 9 September 2004
 

TELUS Communications Inc. - Competitive payphone toll-free tracking report service

  Reference: Tariff Notice 120
  In this decision, the Commission denies TELUS Communications Inc.'s application to revise its tariff for competitive payphone toll-free tracking report service in order to clarify that the monthly rate applies on a provincial basis.

1.

The Commission received an application by TELUS Communications Inc. (TCI), dated 23 September 2003, to revise its Carrier Access Tariff item 206, Competitive Payphone Toll-free Tracking (CPTT) Report Service.

2.

Specifically, TCI proposed to modify the tariff to explicitly state that the monthly rate for the CPTT report was applicable per provincial territory. TCI indicated that the current tariff for CPTT report service was an amalgamation of the former TCI Carrier Access Tariff item 316 and the TELUS Communications (B.C.) Inc. (TCBC) Tariff for Interconnection with the Facilities of Interexchange Carriers item 216. TCI stated that each of these former tariffs provided for a $250 monthly rate for the CPTT report, per respective territory of Alberta and British Columbia (B.C.).
 

Process

3.

The Commission received comments dated 17 October 2003 and 13 November 2003 from Worldlink Internet & Payphone Ltd. (Worldlink) and reply comments dated 7 November 2003 from TCI.
 

Background

4.

In Compensation for toll-free payphone calls and tracking report service approved, Order CRTC 2000-735, 3 August 2000 (Order 2000-735), the Commission approved tariffs for the CPTT report service for Bell Canada, MTS Communications Inc., and the former TCI and TCBC.

5.

On 1 January 2001, the former TCI and TCBC, along with a number of other TELUS subsidiaries amalgamated to form TCI.

6.

In Amalgamation of tariffs, Order CRTC 2001-896, 20 December 2001 (Order 2001-896), the Commission approved TCI's Tariff Notice (TN) 22, an application to amalgamate the former TCI and TCBC tariffs for payphone per call compensation and CPTT report services.
 

Position of parties

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Worldlink's comments

7.

Worldlink indicated that it had filed a Part VI complaint regarding TCI's CPTT report service on 9 September 2003 and had amended it on 20 October 2003.

8.

Worldlink submitted that TCI had not responded to Worldlink's initial Part VI complaint and requested that the Commission consider the Part VI complaint as part of the record of the proceeding initiated by TCI's TN 120.

9.

Worldlink stated that TCI claimed that it had the right to charge $250 per month for its Alberta report, and $250 per month for its B.C. report. Worldlink argued that TCI was not following the approved tariff for the CPTT report service and submitted that it should receive a report for TCI's territory, including Alberta and B.C., for $250 per month.

10.

Worldlink further argued that TCI's application was not a clarification of the existing tariff, but a substantive change to the existing tariff that was not consistent with Order 2000-735.

11.

Worldlink stated that nowhere in either TCI's original tariff filing, TN 22, or in Order 2000-735 were the words 'per province' mentioned. Worldlink submitted that it was very clear that the CPTT report charge would be applicable per company.

12.

Worldlink argued that, when TCI became one company, TCI was mandated by Order 2000-735 to charge one rate regardless of the province(s) in which it conducted business.

13.

Worldlink requested that the Commission direct TCI to provide and charge for one CPTT report covering its entire territory at the tariff rate of $250 per month.

14.

Worldlink also requested that the Commission consider a change to the tariff that would allow competitive pay telephone service providers to obtain one report containing six months worth of data.
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TCI's reply comments

15.

TCI indicated that it had responded, by email on 9 October 2003, to a Commission request, regarding Worldlink's Part VI complaint.

16.

TCI stated that pursuant to Order 2000-735, which approved the CPTT report services of Bell Canada, MTS Communications Inc., the former TCI, and TCBC, it had issued tariff pages for each of its Alberta and B.C. operating territories.

17.

TCI noted that when it filed to introduce CPTT report service, it provided province-specific demand, revenue, and costs for the service, in support of the rates proposed for each of Alberta and B.C. TCI submitted that when it proposed to amalgamate the CPTT report services, it had stated that the rates, charges, terms and conditions would remain unchanged for the proposed amalgamation.

18.

TCI submitted that although the tariffs for the CPTT report service were amalgamated, separate systems and process continued to exist for each of Alberta and B.C. TCI stated that in TN 22, it had not provided new cost studies since the rates and charges remained unchanged. TCI argued that this clearly indicated that the approved rates would continue to reflect the Commission's directive to charge a monthly rate of $250 per report, as per Order 2000-735.

19.

TCI submitted that Worldlink's proposal regarding the provision of a CPTT report every six months was outside the scope of TCI's current application. TCI suggested that if there was a demand for the CPTT report service to be provided in the manner proposed by Worldlink, the merits of this proposal should be considered in an industry-wide proceeding, and not just for TCI.
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Worldlink's reply comments

20.

Worldlink submitted that the Commission should take into consideration the fact that TCI's TN 120was filed as a direct result of Worldlink's initial Part VI complaint, and further submitted that this filing was TCI's only substantive response to that complaint.

21.

Worldlink argued that TCI, without the Commission's sanction, had added the words 'per provincial territory' to its reading of the tariff, and further argued that TCI was asking the Commission to add these words to Order 2000-735. Worldlink submitted that there was no reason to do so.

22.

Worldlink stated that when the Commission approved the amalgamation of the former TCI and the TCBC tariffs for CPTT report service, it did not add 'per provincial territory' as TCI was now asking to be read in. Worldlink argued that if TCI's current interpretation had been contemplated by the Commission or by TCI at that time, the words 'per provincial territory' would have been added to the tariff at the time the amalgamation order was approved.

23.

In response to TCI's comments that separate province-specific cost studies were filed in support of rates proposed for each of Alberta and B.C., Worldlink argued that those filings were made at the time that the former TCI and TCBC were different companies.
 

Commission's analysis and determination

24.

In Order 2000-735, which approved tariffs for the CPTT report service for the former TCI and TCBC, the Commission stated that:
 

the companies will be able to recover their costs plus a reasonable mark-up with the following rates: (a) a flat rate of $250 per customer per month.(emphasis added)

 

[and] the Commission directs the companies to implement the above rates (emphasis added).

25.

The Commission notes that, in Order 2000-735, the approved monthly rate for the CPTT report service was originally set, such that each company could charge $250 per customer.

26.

The Commission notes that on 1 January 2001, the former TCI and TCBC, along with a number of other TELUS subsidiaries, amalgamated to form TCI.

27.

In Order 2001-896, the Commission approved TCI's application to amalgamate the tariffs of the former TCI and TCBC for the CPTT report service. The Commission notes that the proposed tariff page did not specify that the monthly charge of $250 would apply per CPTT report per provincial territory.

28.

The Commission considers that adequate time has elapsed since the merger for the company to achieve efficiency gains, such that TCI should be able to provide a single CPTT report covering its entire territory for a monthly rate of $250 per customer. The Commission therefore considers it appropriate that TCI should apply the current monthly rate of $250 for its CPTT report service covering its entire serving territory, as per the approved tariff.

29.

In light of the above, the Commission denies TCI's application.
 

Other matters

30.

With respect to Worldlink's request to change the frequency of the tracking report service, the Commission agrees with TCI that it would be inappropriate to consider such a proposal for a single company, rather than on an industry-wide basis.
  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: 2004-09-09

Date modified: