ARCHIVED - Telecom Commission Letter - 8740-M59-200702904

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Ottawa, 25 October 2007


To:   MTS Allstream Inc.
cc:   Email distribution - Attachment 1

File Numbers:   8740-M59-200702937; 8740-M59-200702904;  
                    8740-M59200705113; 8740-M59-200706517;

Dear Sir/Madam:

Re:   MTS Allstream Inc. Tariff Notice Nos. 616, 617, 621, 622 and 623

By letter dated 22 June 2007, the Commission deferred further consideration of MTS Allstream Inc. (MTS Allstream) Tariff Notice (TN) applications 616, 617, 621, 622, and 623 pending its decision on applications made by Bell Aliant Regional Communications, Limited Partnership, Bell Canada, Saskatchewan Telecommunications (SaskTel) and TELUS Communications Company (the ILECs) to review and vary Telecom Orders 2007-20 (the Ethernet Order), and Telecom Orders 2007-21, 22, 24 and 25 (the Asymmetric Digital Subscriber Line (ADSL) Orders) (collectively, the Orders). The Commission issued its decision with respect to these review and vary applications in Telecom Decision 2007-77.

Commission staff notes that, by contrast with the other ILECs, MTS Allstream did not appeal the Ethernet Order or the Order associated with its ADSL service (Telecom Order 2007-23). Instead MTS Allstream filed TNs 616, 617, 621, 622, and 623 to reflect determinations in these Orders with respect to certain rate changes and the introduction of new non-essential competitor services and service options. On 19 April 2007, in Telecom Order 2007-130, the Commission gave interim approval to the changes in MTS Allstream's ADSL Data Access service proposed under TN 616 and to MTS Allstream's Ethernet service proposed under TN 621.

It is noted that in Decision 2007-77, the Commission generally returned to the Ethernet and ADSL competitor services that were in place on an interim basis prior to the issuance of the Orders. In that Decision, the Commission also reviewed and varied those determinations in the Ethernet and ADSL Orders that required the ILECs to revise rates or to introduce new non-essential services and service options. As a result, the ILECs are not required to implement the mandated rate changes or introduce the new non-essential services and options associated with their ADSL and Ethernet competitor services.

By letter dated 18 September 2007 , MTS Allstream proposed to withdraw TNs 616, 617, 621, 622, and 623 in their entirety, in light of the determinations in Telecom Decision 2007-77.

With respect to TNs 616 and 621, the Commission received a letter dated 27 September 2007 from SaskTel in which SaskTel stated that MTS Allstream had provided price quotes, based on the rates approved in Telecom Order 2007-130 , and that service had been provided to SaskTel before MTS Allstream had made its withdrawal request. SaskTel argued that MTS Allstream could therefore not simply withdraw the TNs associated with ADSL Data Access service and Ethernet service.

In reply, by letter dated 16 October 2007, MTS Allstream submitted that SaskTel was not a customer of its ADSL Data Access service nor did MTS Allstream provide price quotes to SaskTel that made use of the new interim ADSL Access service option rates approved in Telecom Order 2007-130. MTS Allstream noted further that while it did provide price quotations to SaskTel that referenced the new interim approved Ethernet service options and rates, the final design of the circuits that were subsequently provided to meet SaskTel's service requirements did not make use of the new service options and rates approved in Telecom Order 2007-130. MTS Allstream submitted that SaskTel would therefore not be affected by the withdrawal of TNs 616 and 621.

Commission staff notes that, notwithstanding that SaskTel requested and received price quotes for service options and rates approved in Telecom Order 2007-130, SaskTel has contracted services with MTS Allstream that did not made use of those new service options and rates approved in that Order.

In light of the above, Commission staff considers that SaskTel has not demonstrated that it has obtained the services provided under TNs 616 and 621. Accordingly, MTS Allstream's withdrawal request of TNs 616 and 621 is considered to be reasonable and the files pertaining to these TNs are now closed.

Commission staff notes that TNs 617, 622 and 623 have not been approved. Commission staff also notes that no comments have been received regarding MTS Allstream's proposed withdrawal of TNs 617, 622, and 623. Accordingly, MTS Allstream's withdrawal of these applications is considered to be reasonable and the files pertaining to these TNs are now closed.

Yours sincerely,

Original signed by

Paul Godin
Director General, Competition, Costing and Tariffs

Attachment 1 - Distribution list

Bell Aliant
Bell Canada
MTS Allstream
Thomas Copeland, Independent Members of Canadian Association of Internet Providers,
Simon Lockie, Yak Communications ( Canada ) Corp.,
Kim Wardle (CRTC) (819) 997-4945


Ethernet services, Telecom Order CRTC 2007-20 , 25 January 2007

Bell Aliant Regional Communications, Limited Partnership for services provided in the Atlantic provinces - ADSL Access Service and ADSL WAN Service, Telecom Order CRTC 2007-21, 25 January 2007

Bell Canada and Bell Aliant Regional Communications, Limited Partnership for services provided in Ontario and Quebec - Gateway Access Service and High Speed Access Service, Telecom Order CRTC 2007-22, 25 January 2007

MTS Allstream Inc. - Asymmetric Digital Subscriber Line (ADSL) Data Access Service, Telecom Order CRTC 2007-23, 25 January 2007

Saskatchewan Telecommunications - Aggregated Asymmetric Digital Subscriber Line (ADSL) Service, Telecom Order CRTC 2007-24, 25 January 2007

TELUS Communications Company - Network-to-Network Interface Service, Wide Area Network ADSL Service, and Wholesale Internet ADSL Service, Telecom Order CRTC 2007-25, 25 January 2007

Streamlined order, Telecom Order CRTC 2007-130, 19 April 2007

Applications to review and vary Ethernet and ADSL Orders, Telecom Decision CRTC 2007-77, 31 August 2007

Review of regulatory framework for wholesale services and definition of essential service, Telecom Public Notice CRTC 2006-14, 9 November 2006 as amended by Telecom Public Notices CRTC 2006-14-1, 15 December 2006; 2006-14-2, 15 February 2007; 2006-14-3, 16 March 2007, and 2006-14-4, 20 March 2007

Order Issuing a Direction to the CRTC on Implementing the Canadian Telecommunications Policy Objectives, P.C. 2006-1534, effective 14 December 2006 .

Date Modified: 2007-10-25
Date modified: