ARCHIVED - Telecom - Commission Letter

Letter

Ottawa, 12 May 2005

File Number: 8622-C6-200503997

8622-Q15-200504151

8622-C13-200504028

Mirko Bibic

Bell Canada

Chief - Regulatory Affairs

Bell Canada

110 O'Connor Street , Floor 7

Ottawa , Ontario

K1P 1H1

Dennis Béland

Director, Regulatory Affairs

Telecommunications

Quebecor Media Inc. (QMI)

300 Viger Avenue East

Montréal, Québec 

H2X 3W4

Michael Hennessy

President

Canadian Cable Telecommunications Association (CCTA)

1010- 300 Albert St .

Ottawa, Ontario

K1R 7X7

Michel Messier

Director, Regulatory Affairs , Telecommunications

Cogeco Cable Inc. (Cogeco)

5 Place Ville Marie, Suite 915

Montréal, Québec

H3B 2G2

Dear Messrs Bibic, Messier, Hennessy and Béland:

Re:   Applications in relation to the provision by Bell Canada of its Digital Voice Service Offering

This letter is further to the applications by Cogeco and QMI dated, respectively, 4 and 6 April 2005, requesting that the CRTC issue an expedited ex parte order directing Bell Canada to cease and desist immediately from offering its Digital Voice service, until such time as Bell Canada has secured proper tariff approval for the service in accordance with section 25 of the Telecommunications Act.   By letter dated 4 April 2004 , the CCTA requested that the Commission immediately investigate whether Bell Canada 's Digital Voice service as currently offered is in compliance with sections 25 and 27 of the Telecommunications Act and take all necessary action to remedy the situation.

By letter dated 7 April 2005 , the Commission suspended the process in relation to above-mentioned applications, pending the release of its decision in the proceeding initiated by Telecom Public Notice CRTC 2004-2, Regulatory framework for voice communication services using Internet Protocol , 7 April 2004 (Public Notice 2004-2).   

The Commission today released Regulatory framework for voice communications services using Internet Protocol , Telecom Decision CRTC 2005-28, 12 May 2005 (Decision 2005-28) in which it has found, among other things, that voice communication services using Internet Protocol that use NANP-conforming telephone numbers and provide universal access to and/or from the PSTN (VoIP services) are not retail internet services and are not subject to existing forbearance determinations in respect of retail internet services.    In addition, the Commission denied the request by Bell Canada and other incumbent local exchange carriers (ILECs) to forbear from the regulation of local VoIP services.

In order to complete the record in relation to the above-named applications, Bell Canada is to file its response to the applications as well as responses to the interrogatories set out in Attachment 1 by 19 May 2005 , serving a copy on Cogeco, QMI and CCTA by that date.    Cogeco, QMI and the CCTA may file reply submissions, serving a copy on Bell Canada , by 26 May 2005 .

Bell Canada , Cogeco, QMI and CCTA must serve copies of their submissions filed pursuant to the above procedures on all interested parties to Public Notice 2004-2 by the filing dates set out herein. All documents must actually be received, and not merely sent, by the dates provided.

Sincerely,

(Original signed by)

Len Katz

Executive Director

Telecommunications

cc: Interested Parties - Telecom Public Notice 2004-2

Attachment 1

On its website, Bell Canada describes its Digital Voice service as an "exciting new service for your touchtone home phone" that includes, among other things, "unlimited local calling" and "enhanced calling features". Confirm whether the company's Digital Voice service offering to consumers in Québec City, Trois Rivières, and Sherbrooke,

(a) uses NANP-conforming numbers;

(b) provides universal access to and/or from the PSTN; and

(c) provides for local calling, i.e. allows the subscriber to make or receive calls that originate and terminate within an exchange or local calling area as defined in Bell Canada 's tariffs.

2.   With respect to the company's Digital Voice service offering to consumers in Québec City , Trois Rivières, and Sherbrooke,

a)  describe the services, features and functionalities that are provided as part of the Digital Voice service offering;

b)  provide a complete definition, description and schematics of the typical service configurations, identifying and describing the underlying facilities and/or services that are used to provide the Digital Voice service;

c)  provide the rates, terms, and conditions of the service offering;

d)  indicate whether the Digital Voice service rates vary depending on whether or not the end-customer is also a customer of one of the company's retail high-speed internet services; and if so, provide all of the relevant rates, e.g. for the Digital Voice service and/or the retail high-speed internet service and/or the bundle (if any);

e)  indicate whether the Digital Voice service rates vary depending on whether or not the end-customer is also a customer of the company's primary exchange service; and if so, provide all of the relevant rates e.g. for the Digital Voice service and/or the retail high-speed internet service and/or the bundle (if any); and,

f)  provide a copy of the information contained on its website relating to the service offering as well as a copy of any customer brochures for the service offering.