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Telecom Order CRTC 2005-341
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Ottawa, 30 September 2005
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Bell Canada
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Reference: 8340-B2-200408304
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First Amendment to Inter-working Agreement between Bell Canada and Call-Net Technology Services Inc. dated 14 September 2005
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1.
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The Commission received an application by Bell Canada, dated 16 September 2005, seeking approval pursuant to section 29 of the Telecommunications Act (the Act), of the First Amendment to Inter-working Agreement (the First Amendment) which amends the Inter-working Agreement (the IWA) between Bell Canada and Call-Net Technology Services Inc. (Call-Net). The Commission had initially approved the IWA in Telecom Order CRTC 2004-304, dated 7 September 2004 (Order 2004-304).
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2.
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Bell Canada stated that the proposed modifications to the IWA, as set out in the First Amendment, delete references to New Brunswick and Nova Scotia as a result of the transfer by Bell Canada to Call-Net of certain assets and facilities located in Nova Scotia and New Brunswick.
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3.
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Bell Canada indicated that the First Amendment was part of a larger transaction described in a letter that Bell Canada filed with the Commission pursuant to sections 11(2) and 12 of the Bell Canada Act, also on 16 September 2005. In that letter, Bell Canada stated that this larger transaction was slated to close on 30 September 2005 and therefore, sought the Commission's approval of the First Amendment on or before 30 September 2005.
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4.
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The Commission notes that, by approving the First Amendment, it would satisfy a requirement of the larger transaction and therefore allow it to proceed. The Commission considers that this transaction, through the transfer of the assets and facilities located in Nova Scotia and New Brunswick from Bell Canada to Call-Net should have a positive impact on facilities-based competition in eastern Canada.
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5.
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The Commission notes however that TELUS Communications Inc. (TCI) filed an application pursuant to Part VII of the CRTC Telecommunications Rules of Procedure, dated 16 December 2004, asserting that the approval of the IWA pursuant to section 29 of the Act did not relieve Bell Canada of its obligation to file tariffs for the services it is providing to Call-Net under the IWA. The Commission further notes that it has not yet issued a decision in respect of TCI's application. The Commission considers that the determinations resulting from TCI's application will also apply to the First Amendment.
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6.
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On balance, the Commission considers that it would be in the public interest to grant interim approval to the First Amendment at this time, pursuant to section 29 of the Act, recognizing, however, that this decision will be subject to determinations that will be subsequently made in respect of TCI's application.
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7.
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In light of the above, the Commission approves, on an interim basis, Bell Canada's application.
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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: 2005-09-30