ARCHIVED - Telecom Decision CRTC 2009-193
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Ottawa, 15 April 2009 |
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Télébec Limited Partnership - Application for forbearance from the regulation of residential local exchange services |
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| File number: 8640-T78-200902785 | |
| 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 Daveluyville, Quebec. | |
Introduction |
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1. |
The Commission received an application by Télébec, Limited Partnership (Télébec), dated 4 February 2009, in which the company requested forbearance from the regulation of residential local exchange services1 in the exchange of Daveluyville, Quebec. |
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2. |
The Commission received submissions and/or data regarding Télébec's application from Cogeco Cable Inc., IVIC Télécom s.e.n.c. (IVIC) and TELUS Communications Company (TCC). The public record of this proceeding, which closed on 27 February 2009, is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings." |
Commission's analysis and determinations |
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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 |
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4. |
The Commission received no comments with respect to Télébec's proposed list of residential local exchange services. |
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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 (Item 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 |
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6. |
The Commission notes that for the exchange of Daveluyville, 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. |
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7. |
Accordingly, the Commission determines that the exchange of Daveluyville meets the competitor presence test. |
c) Competitor quality of service (Q of S) results |
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8. |
The Commission notes that Télébec submitted competitor Q of S results for the period of August 2008 to January 2009. |
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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: |
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ii) did not consistently provide any of those competitors with services that were below those Q of S standards. |
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Accordingly, the Commission determines that Télébec's competitor Q of S results meet the competitor Q of S criterion. |
d) Communications plan |
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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 |
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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 Daveluyville. |
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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 exercising its powers and performing 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. |
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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. |
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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 Decision 2006-15, 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. |
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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 Daveluyville, 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 |
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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: http://www.crtc.gc.ca | |
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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 IVIC and TCC. |
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Appendix |
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| 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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