ARCHIVED - Telecom Commission Letter - 8657-B2-200412627

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Letter

Ottawa, 25 April 2005

File No. 8657-B2-200412627  

By E-Mail

bell.regulatory@bell.ca

Mr. Mirko Bibic
Chief, Regulatory Affairs
Bell Canada
105 Hotel-de-ville
Gatineau , Quebec
J8X 4H7  

Dear Mr. Bibic:  

Re:   Bell   Canada Part VII Application requesting a streamlined process for the review and approval of incumbent local exchange carrier (ILEC) retail tariff filings  

This is in response to Bell Canada 's application dated 8 November 2004 regarding a proposed streamlined automatic approval process for the disposition of ILEC retail tariff filings.

The Commission has carefully reviewed and considered the comments and reply comments filed by all of the parties.

Bell Canada 's proposal was supported by Aliant Telecom Inc., the Public Interest Advocacy Centre, the Coalition for Competitive Telecommunications and Saskatchewan Telecommunications.   TELUS Communications Inc. suggested an alternative streamlining proposal with the objective of reducing regulatory delay.

The following parties did not support Bell Canada's proposal: Call-Net Enterprises Inc., the Canadian Cable Television Association (CCTA), the Independent Members of the Canadian Association of Internet Providers, Johnston & Buchan on behalf of UTC Canada (UTC), MTS Allstream Inc. (MTS Allstream), Primus Telecommunications Canada Inc. on behalf of itself and Yak Communications (Canada) Inc. (Primus), Quebecor Media inc. (Quebecor), Rogers Communications Inc. (Rogers), and Xit télécom inc. on behalf of itself and Xittel telecommunications inc.

The CCTA and MTS Allstream submitted, among other things, that Bell Canada's proposal was not consistent with the requirements of the Telecommunications Act (the Act).

The CCTA, MTS Allstream, Primus, Quebecor, Rogers , and UTC submitted, among other things, that the proposal would not allow sufficient time for the Commission to adequately assess filings or for parties to comment.

The Commission recognizes the need for timelier dispositions of tariff applications, given the rapid pace of innovation and competition in the telecommunications industry.   The Commission has developed new procedures to shorten the timeframe to disposition, balancing Bell   Canada 's requests and the views of the parties to this proceeding.   Attached to this letter, as Appendix 1, is a copy of Introduction of a streamlined process for retail tariff filings, Telecom Circular CRTC 2005-6 dated 25 April 2005 .   This Circular provides notification of procedural changes that the Commission has implemented.

The Commission notes that the streamlined procedures set out in the Circular do not allow for deemed approval of tariffs.   In order to ensure that proposed tariff applications comply with regulatory requirements and meet the Commission's obligations pursuant to the Act, the Commission must assess and approve the proposed tariffs before they become effective, except where the tariffs relate to telecommunications services that are forborne from regulation.

The Commission considers that the initiatives outlined in the Circular address the requests made by Bell Canada and will provide more certainty within the industry.   Bell   Canada proposed that certain tariff applications receive automatic interim approval within 10 days.   Under the new procedure, all retail tariff filings will receive a response from the Commission within 10 business days.   For example, retail tariff filings that meet the requirements of the Commission's regulatory framework and imputation test requirements will receive interim approval within 10 business days and final disposition once the comment period is completed.   Appendix 2 sets out a detailed comparison of Bell Canada 's proposals and the expected timeframes to disposition for retail tariff applications under the Commission's new procedural initiative.

As a result of the initiatives set out in the Circular, regulatory delay will be significantly reduced.   Currently, the Commission's average time to dispose of retail tariff applications is in excess of 55 business days.   With the procedural changes outlined in the Circular, the Commission expects to reduce its average time to dispose of retail tariff applications by 50 percent over the next 12 months, with major improvements implemented immediately.

In light of the above, the file is now closed.

The Commission thanks Bell   Canada for its suggestions and notes that any future proposals for improvements are welcome.   The Commission will continue to monitor and assess its procedures with the objective of streamlining the disposition of applications.  

Sincerely,

'Original signed by L. Katz'

Len Katz
Executive Director

cc:       ILECs and CLECS
           Carriers
           Parties to Telecom Public Notice CRTC 2003-10
           Parties to Telecom Public Notice CRTC 2004-2

 

Appendix 1 - Telecom Circular CRTC 2005-6

Appendix 2 - Comparison of Bell   Canada 's Part VII proposals and Commission process

Commission Process - Four Outcomes for Retail TNs

Within 10 business days:

  • Outcome 1 - issue order granting interim approval, or

  • Outcome 2 - issue a letter stating that the Commission intends to dispose of the application within 45 business days of receipt of the applications, setting out reasons why interim approval was not granted,
  • Outcome 3 - issue a letter with interrogatories or confirmation that interrogatories are to follow within 5 business days and an indication that the Commission intends to dispose of the application within 45 business days,
  • Outcome 4 - send letter indicating that the file is being closed due to deficiencies in the application.

If unable to issue final disposition within 45 business days:

  • issue another letter in accordance with section 26 of the Act.

 

Bell   Canada 's proposals Anticipated outcomes under the new process
Capped services -Increases Group A (Interim approval after 10 calendar days; Final approval after 60 calendar days)

Generally low complexity

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcome 4 if deficient

Capped services - Decreases Group A (Interim approval after 10 calendar days; Final approval after 60 calendar days)

Generally low complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcome 4 if deficient

Capped services - Rate structure changes Group A (Interim approval after 10 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

Capped services - Changes to terms and conditions Group B (Interim approval after 40 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

Uncapped services - Increases Group A (Interim approval after 10 calendar days; Final approval after 40 calendar days)

Generally low complexity:

Outcome 1: interim approval within 10 business days and final disposition after the comment period is completed

Outcome 4 if deficient

Uncapped services - Decreases Group A (Interim approval after 10 calendar days; Final approval after 40 calendar days)

Generally low complexity:

Outcome 1: interim approval within 10 business days and final disposition after the comment period is completed

Outcome 4 if deficient

Uncapped services - Rate structure changes Group B (Interim approval after 40 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

Uncapped services - Changes to terms and conditions Group B (Interim approval after 40 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

Uncapped services - CSAs Group A (Interim approval after 10 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

New services (excluding CSAs and bundles) Group B (Interim approval after 40 calendar days; Final approval after 60 calendar days)

Generally medium complexity:

Outcome 1 (Interim approval within 10 business days; Final disposition after the comment period is completed)

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient

New bundles Group A (Interim approval after 10 calendar days; Final approval after 40 calendar days)

Generally low complexity:

Outcome 1: interim approval within 10 business days and final disposition after the comment period is completed

Deferred filings (either Group A or Group B filings) - Filings that raise broad public policy issues or appear to violate pre-existing pricing criteria Automatic final approval after 75 calendar days

High Complexity:

Outcomes 2 or 3 (Letter within 10 business days)

Outcome 4 if deficient  

 

Date Modified: 2005-04-25

Date modified: