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Telecom Order CRTC 2005-235
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Ottawa, 20 June 2005
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Bell Canada
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Reference: Tariff Notices 788 and 788A (National Services Tariff)
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Customer Specific Arrangement
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1.
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The Commission received an application by Bell Canada on 29 August 2003 and amended on 13 May 2005, requesting approval of Tariff Notice 788 (TN 788) under National Services Tariff item 722.16, related to services provided under Customer Specific Arrangement (CSA) contract number P3A-18. This filing replaced Tariff Notice 773 (TN 773), which had been filed pursuant to Regulatory safeguards with respect to incumbent affiliates, bundling by Bell Canada and related matters, Telecom Decision CRTC 2002-76, 12 December 2002.
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2.
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The CSA filed under TN 788 is a Type 2 CSA consisting of a bundle of the following General Tariff services: Interactive Voice Response and Digital Network Access, and the following forborne services: Professional Services, Frame Relay, and Web Hosting. The minimum contract period (MCP) for this CSA is three years.
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3.
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Bell Canada filed a revised imputation test at the request of the Commission on 15 November 2004.
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4.
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No comments were received with respect to this application.
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Commission's analysis and determinations
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5.
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The Commission notes that in Part VII application by Allstream Corp. and Call-Net Enterprises Inc. regarding Bell Canada Type 2 CSAs, Telecom Decision CRTC 2005-22, 7 April 2005 (Decision 2005-22), it denied the Part VII application filed by Allstream Corp. and Call-Net Enterprises Inc. on the basis that a blanket denial of all the Bell Nexxia CSAs would not be appropriate, and that each CSA should be considered individually to determine whether Bell Canada had complied with the requirements set out in Decision 2003-63.
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6.
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The Commission has reviewed the revised imputation test results and is satisfied that the costing directives specified in Review of Bell Canada's customer-specific arrangements filed pursuant to Telecom Decision 2002-76, Telecom Decision CRTC 2003-63, 23 September 2003 (Decision 2003-63) have been applied and that this CSA passes the imputation test.
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7.
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The Commission has also reviewed the services in this CSA bundle, and is satisfied that the services, rates, terms and conditions provided are properly identified in the proposed tariff pages and meet the requirements specified in Decision 2003-63.
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8.
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In Bell Canada - Ex parte application, Telecom Order CRTC 2004-428, 17 December 2004 (Order 2004-428), the Commission identified safeguards regarding the automatic renewal of a CSA and/or services within a CSA that should be included in tariff pages. Consistent with Order 2004-428, the Commission considers that such safeguards should also be reflected in the tariff pages associated with TN 788.
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9.
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In light of the above, the Commission approves on a final basis the application by Bell Canada, with the tariff pages amended to indicate that:
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- at least 60 days before contract expiry, Bell Canada is to notify the customer of the CSA either on its monthly bill or by letter that the contract or services will be automatically renewed unless the customer indicates otherwise; and
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- within 35 days following automatic renewal, Bell Canada is to notify the customer of the CSA either on its monthly bill or by letter that the contract has been renewed and that the customer may terminate the contract without penalty within 30 days of the date of this notice.
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10.
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Bell Canada is to issue tariff pages forthwith.
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Secretary General
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This document is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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Date Modified: 2005-06-20