ARCHIVED - Telecom - Commission Letter - 8622-M56-200303149 - François Ménard's Part VII Application against Bell Canada and TELUS Communications Inc. for the provision of Metropolitan Ethernet over optical fibre and of digital line services
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LetterOttawa, 10 February 2005 BY E-MAIL Our File No.: 8622-M56-200303149
Mr. François Ménard
Mr. Mirko Bibic
Mr. Willie Grieve Re: François Ménard's Part VII Application against Bell Canada and TELUS Communications Inc. for the provision of Metropolitan Ethernet over optical fibre and of digital line services This is in response to your Part VII application filed 6 March 2003, requesting that the Commission end the interplay of Bell Canada, Bell Nexxia, TELUS Communications Inc. (TCI), TELUS Services Inc. (TSI) and TELUS Mobility in order to re-establish competitive equity in the provision of metropolitan Ethernet on optical fibre and digital line services. At paragraphs 30 to 35 of your letter, you requested that the Commission:
In response to your requested relief with respect to the bundling and the pricing of services, in Amendments to Telecom Public Notice CRTC 2003-8, Review of price floor safeguards for retail tariffed services and related issues , Telecom Public Notice CRTC 2003-10, 8 December 2003 (Public Notice 2003-10), the Commission, among other issues, expressed preliminary views regarding modifications to the existing pricing and bundling rules. The Commission is also examining whether the existing pricing and bundling rules should be modified and, if so, what changes should be made. In response to your requested relief with respect to affiliate rules, in Decision 2002-76, for the purpose of the affiliate rule, the Commission changed the definition of "affiliate" to include only those persons that are not Canadian carriers and that control or are controlled by the ILEC or that are controlled by a person that also controls the ILEC. The Commission added that in all cases, control means direct or indirect control in fact. The Commission has also changed the conditions under which an ILEC may provide tariffed services to an affiliate to prevent ILECs from circumventing the regulatory framework. Furthermore, in Follow-up to Telecom Decision 2002-76 - Location of the CSG and regulatory safeguards for affiliated carriers , Telecom Decision CRTC 2004-50, 22 July 2004 (Decision 2004-50), the Commission placed additional regulatory safeguards in place by confirming that an affiliated carrier will be required to comply with section 25 and other applicable provisions of the Act whenever the affiliated ILEC would be required to do so. Also, when examining a proposed tariff by an affiliated carrier, the Commission noted that it will apply the same criteria with respect to the imputation test and the bundling rules, as it would apply if the tariff were filed by an affiliated ILEC. With respect to your requested relief for Ethernet services, in Ethernet services , Telecom Decision CRTC 2004-5, 27 January 2004 (Decision 2004-5), the Commission approved, on an interim basis, the introduction of Ethernet access services by Bell Canada . The Commission also noted that Ethernet service was a relatively recent addition to the ILECs' service offerings and considered that Ethernet service was also an important addition to the service offerings of many competitors. Until the Commission reached its determinations regarding the adequacy of Ethernet substitutes and related matters, the Commission found it appropriate to put in place interim Ethernet services for competitor use to provide competitors with the opportunity to mitigate any harmful effects they may experience in the meantime. To that effect, the Commission, among other measures, classified:
The concerns you raised in your application and the relief requested largely relate to issues that have already been addressed by the Commission in Decision 2002-76, Decision 2004-50, and Decision 2004-5, or that are being addressed in the proceeding initiated by Public Notice 2003-10. Moreover, you did not demonstrate that the existing Commission regulatory frameworks and decisions, namely Decision 2002-76 and Orders 99-592, 2000-425 and 2000-553, should be modified as you requested. Accordingly, staff considers that no further action is required and is closing this file with respect to this matter. Yours sincerely,
Scott Hutton
Date modified: 2005-02-10 |
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