ARCHIVED - Telecom Commission Letter - 8740-C155-200806739

Letter

Ottawa, 14 July 2008

File No.: 8740-C155-200806739

By E-mail

Mr. James Forsyth
CEO
Campbell River TV Association
500 Robron Road
Campbell River , BC
V9W 5Z2
Jim.forsyth@crtv.net

RE:   Tariff Notice 1 - Third Party Internet Access Tariff

On 8 May 2008, the Commission received an application by Campbell River TV Association (CRTV), under cover of Tariff Notice 1, in which the company proposed the introduction of its Third Party Internet Access (TPIA) Tariff.

Commission staff notes CRTV's submission that in accordance with the Commission's determinations set out in Telecom Decision CRTC 99-8 and Order CRTC 2000-317, it was proposing to adopt Shaw Cablesystem G.P.'s (Shaw) TPIA Tariff. Commission staff has reviewed the TPIA Tariff proposed by CRTV and has found a number of discrepancies between Shaw's approved TPIA Tariff and CRTV's proposal, which discrepancies are listed in attachment to this letter.

It is noted that in order for the Commission to approve CRTV's application pursuant to Telecom Decision CRTC 99-8 and Order CRTC 2000-317, CRTV's proposed TPIA Tariff must replicate the TPIA Tariff approved for Shaw.

Consequently, this application is closed. However, the Commission is open to examining a new application from the company that would address the items noted in attachment to this letter. The application must be filed under cover of a new tariff notice. The company may contact Joëlle Bernier at (819) 994-0551 should it require further information.

Yours sincerely,

'Original signed by P. Godin'

Paul M. Godin
Director General, Competition, Costing and Tariffs
Telecommunications

cc:    Joëlle Bernier, CRTC, (819) 994-0551, joelle.bernier@crtc.gc.ca
        Harris Boyd, harrisboyd@rogers.com

Discrepancies between CRTV's proposed TPIA Tariff and Shaw's approved TPIA Tariff:

• The top right-hand corner of each page of the TPIA Tariff must be identified by a tariff number assigned by the Commission. A block number ranging from CRTC 21770 to CRTC 21779 has been assigned to CRTV: it is expected that CRTV will use CRTC 21770 for its TPIA Tariff.
  
• On page 6 , the speeds should be removed since Shaw did not include them in its TPIA Tariff.
  
• On page 11 , sections 5.9 to 5.12 of Shaw's TPIA Tariff are missing. It is noted that there is a reference to those sections later on in sections 17.1 & 18.1 of the Tariff.
  
• On page 13 , a different company's name appears on the fifth line of section 7.2.
  
• On page 14 , in section 8.6, the text should read "No payment may be exacted, directly or indirectly, from any Person by any party other than CRTV [...]".
  
• On page 21 , on the first line of section 17.4, the reference to section 19.3 should be replaced by a reference to section 17.3. There is also a 'y' missing in the two last words of the second line ( any other rather than an other ).
  
• On page 23 , in section 18.2, the last sentence is missing and should be added, as it is included in this section of Shaw's TPIA Tariff: 'Where repeated efforts to contact the Customer have failed, CRTV must deliver such advance notice to the billing address'.
  
• On page 23 , in section 18.3, the reference to section 19.2 should be replaced by a reference to section 18.2.
  
• On page 24 , in section 2(i)(a), the reference to section 2.4 of Schedule A should be replaced by a reference to section 3.0 of Schedule A.
  
• On page 24 , in section 2, the numbering is incorrect: it should be section 2(ii), rather than section 2(iii).
  
• On page 24 , on the second line of section 3(ii), there is a reference to Item 101, 1.2(h): this Item does not exist.
  
• On page 25 , all the rates included in the table must be revised to match those approved for Shaw.

Discrepancies between CRTV's proposed TPIA Service Agreement and Shaw's approved TPIA Service Agreement:

• On page 29 , in the definition of "Tariff", the reference to CRTC 21280 is incorrect: CRTV must refer to its own Tariff number, which should be CRTC 21770.
  
• On page 33 , a different company's name appears in section 8.2.
  
• On page 35 , in section 10.5, the reference to section 8 should be replaced by a reference to section 10.
  
• On page 3 of Schedule A , in sections 5.1 and 5.3, references to CRTC-approved rates for POI router cards must be removed.
  
• On page 5 of Schedule C , a different company's name appears twice in the last sections iii) and iv).

Modification required to Non-Disclosure Agreement:

• On the first page of the Non-Disclosure Agreement (which is page 9 of the document), the reference to Commission Order 2000-317, must be replaced by a reference to Commission Order 2000-1079.