ARCHIVED - Telecom Commission Letter - 8638-C12-200405763 - Telecom Decision CRTC 2004-37, Cable Modems for Third-party internet Access

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Letter

Ottawa, 28 June  2004

Our file: 8638-C12-200405763

By Fax

To:   Interested Parties

Subject:   Telecom Decision CRTC 2004-37, Cable Modems for Third-party internet Access

This letter deals with requests to extend the filing deadline referenced in Cable modems for third-party Internet access, Telecom Decision CRTC 2004-37 dated 4 June 2004 (Decision 2004-37).

In Decision 2004-37, the Commission directed the cable carriers to file, within 30 days, proposed tariffs for second-level testing.   Decision 2004-37 stated that the proposed tariffs for second-level testing must specify that:   i) the fee does not apply to one modem model submitted by an ISP for second-level testing, per 12 - month period;   ii)   the fee does not apply to second-level testing of a modem model where the modem model fails second-level testing, to a maximum of two failures; and iii) modem testing failures shall not be considered the one free second-level testing, unless that modem model has already failed second-level testing twice.

On 9 June   2004 , the Canadian Cable Television Association (CCTA) on behalf of its member companies Rogers Communications Inc. (RCI), Shaw Communications Inc. (Shaw), and Cogeco cable Canada Inc. (Cogeco), filed a request for approval of a 75 day extension to the filing deadline specified in Decision 2004-37.   The CCTA   stated that the 30 day period to develop complete and accurate cost studies is insufficient in light of the on-going regulatory workload.   The CCTA submitted that Internet Service Providers (ISPs) would not be seriously prejudiced by the requested extension due to the fact that the Commission had ordered cable carriers to perform one cable modem second-level test per twelve month period for free as well as due to the allowance for free second-level testing in the case where a modem model fails second-level testing.   The CCTA also stated that in the event that a cable carrier receives more than one request per ISP within the first twelve-month period, the cable carrier could request the Commission to grant interim tariff approval.

On 21 June 2004 , Quebecor Média Inc. (Quebecor) filed comments indicating that Quebecor and Vidéotron supported the CCTA's request.

The CCTA's concerns regarding the time-frame for filing of proposed tariffs are recognized.    No comments opposing the requested filing date extension were received.   In light of the provisions included in Decision 2004-37 for free second-level testing, the requested filing date extension is not expected to materially impact second-level testing.   Also, if required, interim second-level testing tariff approvals can be requested.   Accordingly, a 75 day extension to the filing deadline established in decision 2004-37 for Cogeco, RCI, Shaw and Vidéotron is granted.

Yours sincerely,

 

Paul Godin
Director, Competition and Technology
Telecommunications

c.c.   Interested Parties

Date modified: 2004-06-28

Date modified: