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ARCHIVED - Telecom Decision CRTC 2009-142

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Ottawa, 13 March 2009

 

Télébec Limited Partnership - Application for forbearance from the regulation of residential local exchange services

  File number: 8640-T78-200817041
  In this decision, the Commission approves Télébec, Limited Partnership's request for forbearance from the regulation of residential local exchange services in the exchange of Princeville, Quebec.
 

Introduction

1.

The Commission received an application by Télébec, Limited Partnership (Télébec), dated 19 December 2008, in which the company requested forbearance from the regulation of residential local exchange services1 in the exchange of Princeville, Quebec.

2.

The Commission received submissions and/or data regarding Télébec's application from Quebecor Media Inc., on behalf of its subsidiary Videotron Ltd. (Videotron) and TELUS Communications Company (TCC). The public record of this proceeding, which closed on 10 February 2009, is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings."
 

Commission's analysis and determinations

3.

The Commission has assessed Télébec's application based on the local forbearance test set out in Telecom Decision 2006-15, as amended by the Governor in Council's Order Varying Telecom Decision CRTC 2006-15, P.C. 2007-532, 4 April 2007 (modified Telecom Decision 2006-15). Specifically, it considered the following four elements:
 

a) Product market

4.

The Commission received no comments with respect to Télébec's proposed list of residential local exchange services.

5.

The Commission notes that Télébec is seeking forbearance for 22 tariffed residential local exchange services. The Commission also notes that, in Telecom Decision 2008-36, it considered 21 of these services to be appropriate for forbearance. The other service, Forfait Résidentiel (Section 2.17), was excluded from the scope of eligible local exchange services in Telecom Decision 2005-35, because it was a bundle. In that decision, the Commission noted that "tariff approval is not required for a bundle that does not include any tariffed service." The Commission therefore determines that it need not make forbearance findings regarding service bundles that do not include a tariffed service. The list of the 21 approved services is in the Appendix to the present decision.
 

b) Competitor presence test

6.

The Commission notes that for the exchange of Princeville, information provided by the parties confirms that there are, in addition to Télébec, at least two independent facilities-based telecommunications service providers, including a provider of mobile wireless services.2 Each of these service providers offers local exchange services in the market and is capable of serving at least 75 percent of the number of residential local exchange service lines that Télébec is capable of serving, and at least one, in addition to Télébec, is a facilities-based, fixed-line telecommunications service provider.

7.

Accordingly, the Commission determines that the exchange of Princeville meets the competitor presence test.
 

c) Competitor quality of service (Q of S) results

8.

The Commission notes that Télébec submitted competitor Q of S results for the period of May to October 2008.

9.

The Commission has reviewed Télébec's submitted competitor Q of S results and finds that the company has demonstrated that during this six-month period it:
 

i) met, on average, the Q of S standards for each indicator set out in Appendix B of modified Telecom Decision 2006-15, as defined in Telecom Decision 2005-20, with respect to the services provided to competitors in its territory; and

 

ii) did not consistently provide any of those competitors with services that were below those Q of S standards.

10.

Accordingly, the Commission determines that Télébec's competitor Q of S results meet the competitor Q of S criterion.
 

d) Communications plan

11.

The Commission has reviewed Télébec's communications plan and is satisfied that it meets the information requirements set out in modified Telecom Decision 2006-15. The Commission approves the proposed communications plan and directs Télébec to provide the resulting communications materials to its customers in both official languages, where appropriate.
 

Conclusion

12.

The Commission determines that Télébec's application meets all the local forbearance criteria set out in modified Telecom Decision 2006-15 for the exchange of Princeville.

13.

Pursuant to subsection 34(1) of the Telecommunications Act (the Act), the Commission finds as a question of fact that a determination to forbear, to the extent specified in modified Telecom Decision 2006-15, from the exercising of its powers and the performing of its duties in relation to Télébec's residential local exchange services listed in the Appendix and future services that fall within the definition of local exchanges services set out in Telecom Public Notice 2005-2 as they pertain to residential customers only, in this exchange, would be consistent with the Canadian telecommunications policy objectives set out in section 7 of the Act.

14.

Pursuant to subsection 34(2) of the Act, the Commission finds as a question of fact that these residential local exchange services are subject to a level of competition in this exchange sufficient to protect the interests of users of these services.

15.

Pursuant to subsection 34(3) of the Act, the Commission finds as a question of fact that to forbear, to the extent specified in modified Telecom Decision2006-15, from exercising its powers and performing its duties in relation to the residential local exchange services in this exchange would be unlikely to impair unduly the continuance of a competitive market for these services.

16.

In light of the above, the Commission approves Télébec's application for forbearance from the regulation of the local exchange services listed in the Appendix and future services that fall within the definition of local exchange services set out in Telecom Public Notice 2005-2, as they pertain to residential customers only, in the exchange of Princeville, subject to the powers and duties that the Commission has retained as set out in modified Telecom Decision 2006-15. This determination takes effect as of the date of this Decision. The Commission directs Télébec to file with the Commission Télébec's revised tariff pages within 30 days of the date of this Decision.
Secretary General

Related documents

 
  • Télébec, Limited Partnership – Application for forbearance from the regulation of residential local exchange services, Telecom Decision CRTC 2008-36, 1 May 2008
 
  • Forbearance from the regulation of retail local exchange services, Telecom Decision CRTC 2006-15, 6 April 2006, as amended by Order in Council P.C. 2007-532, 4 April 2007
 
  • List of services within the scope of the proceeding on forbearance from the regulation of local exchange services, Telecom Decision CRTC 2005-35, 15 June 2005, as amended by Telecom Decision CRTC 2005-35-1, 14 July 2005
 
  • Forbearance from regulation of local exchange services, Telecom Public Notice CRTC 2005-2, 28 April 2005
 
  • Finalization of quality of service rate rebate plan for competitors, Telecom Decision CRTC 2005-20, 31 March 2005
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: http://www.crtc.gc.ca
  Footnotes:
 1 In this decision, "residential local exchange services" refers to local exchange services used by residential customers to access the public switched telephone network and any associated service charges, features, and ancillary services.

2 These telecommunications services providers are TCC and Videotron.

 

Appendix

  Local exchange services eligible for forbearance from regulation in this Decision (for residential customers only)
Tariff Item List of services
25140 1.7 Telephone Set Loss Charge (Residence)
25140 2.15 Service to Immobilized Ships, Trailers and Trains
25140 2.5 Telephones Available Only for Two-Party Line or Multi-Party Access Service
25140 3.1 Intra-Exchange Distance Charges
25140 8.4 Internet Call Display
25140 11.1 Services for Handicapped Persons
25140 2.1.2.2 Basic Service for Students
25140 2.1.7.1 Basic Service and Regional Service – Monthly Rates for Basic Services and Other Fees
25140 2.1.7.4 Basic Service and Regional Service – Rate Adjustment for Multi-Party Access Line Customers
25140 2.1.8 Basic Services Provided Outside the Company's Serving Area
25140 2.19 Enhanced Telephone Service
25140 2.23.2 Telephone Number Reservation and Activation – Rates and Fees
25140 2.27.6 Monthly Rates for Extra Listings
25140 2.3.4 Individual Line and Two-Party Access Line Provided Outside the Base Rate Area – Distance Charges
25140 3.3.17 Toll Restriction Service
25140 3.3.18 Smart Touch Services
25140 3.3.19 Call Display Blocking – Per Line
25140 3.3.19 Call Display Blocking – Per Call
25140 3.3.20 Integrated Vocal Messaging Service
25140 5.2.6.5 Call Blocking Service – 900 Service
25140 8.7.3 Integrated Services Digital Network (ISDN) 2B+D Télébec – Rates and Fees

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