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ARCHIVED - Telecom Decision CRTC 2009-781

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  Ottawa, 16 December 2009
 

Saskatchewan Telecommunications – Application for forbearance from the regulation of residential local exchange services

  File number: 8640-S22-200909616
  In this decision, the Commission approves SaskTel's request for forbearance from the regulation of residential local exchange services in the exchanges of Melville and Yorkton, Saskatchewan.
 

Introduction

1.

The Commission received an application by Saskatchewan Telecommunications (SaskTel), dated 25 June 2009, in which the company requested forbearance from the regulation of residential local exchange services1 in the exchanges of Melville and Yorkton, Saskatchewan.

2.

The Commission received submissions and/or data regarding SaskTel's application from Access Communications Co-operative Limited (Access) and Rogers Communications Inc. (RCI). The public record of this proceeding, which closed on 22 October 2009, is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings" or by using the file number provided above.
 

Commission's analysis and determinations

3.

The Commission has assessed SaskTel'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), by examining the four criteria set out below.
 

a) Product market

4.

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

5.

The Commission notes that SaskTel is seeking forbearance for 15 tariffed residential local exchange services. The Commission also notes that in Telecom Decision 2007-66 it found all of these services to be appropriate for forbearance. The list of approved services is set out in the Appendix to this decision.
 

b) Competitor presence test

6.

The Commission notes that for the exchanges of Melville and Yorkton, information provided by parties confirms that there are, in addition to SaskTel, 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 SaskTel is capable of serving, and at least one, in addition to SaskTel, is a facilities-based, fixed-line telecommunications service provider.

7.

Accordingly, the Commission determines that the exchanges of Melville and Yorkton, Saskatchewan, meet the competitor presence test.
 

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

8.

The Commission notes that SaskTel submitted competitor Q of S results for the period of December 2008 to May 2009. Pursuant to Telecom Decision 2009-514, the Commission directed SaskTel to file revised results that reflected the determination set out in that decision regarding the "no facilities available" (NFA) definition or explain why it did not need to file revised results.

9.

On 22 October 2009, SaskTel filed its explanation as to why revised competitor Q of S results are not required. The Commission is satisfied with SaskTel's explanation and determines that the NFA definition was applied correctly by the company.

10.

The Commission has reviewed SaskTel's 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 standard 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.

11.

Accordingly, the Commission determines that SaskTel meets the competitor Q of S criterion for this period.
 

d) Communications plan

12.

The Commission has reviewed SaskTel's draft 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 SaskTel to provide the resulting communications materials to its customers in both official languages, where appropriate.
 

Conclusion

13.

The Commission determines that SaskTel's application regarding the exchanges of Melville and Yorkton, Saskatchewan meets all the local forbearance criteria set out in modified Telecom Decision 2006-15.

14.

Pursuant to subsection 34(1) of the Telecommunications Act (the Act), the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in modified Telecom Decision 2006-15, in relation to the provision by SaskTel of residential 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 these exchanges, would be consistent with the Canadian telecommunications policy objectives set out in section 7 of the Act.

15.

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 these exchanges sufficient to protect the interests of users of these services.

16.

Pursuant to subsection 34(3) of the Act, the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in modified Telecom Decision 2006-15, in relation to the provision by SaskTel of these residential local exchange services in these exchanges would be unlikely to impair unduly the continuance of a competitive market for these services.

17.

In light of the above, the Commission approves SaskTel'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 exchanges of Melville and Yorkton, Saskatchewan, 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 SaskTel to file revised tariff pages within 30 days of the date of this decision.
  Secretary General
 

Related documents

 
  • MTS Allstream Inc. – Application concerning provisioning of competitor digital network services in accordance with competitor quality of service standards, Telecom Decision CRTC 2009-514, 21 August 2009
 
  • Saskatchewan Telecommunications – Application for forbearance from the regulation of residential local exchange services, Telecom Decision CRTC 2007-66, 3 August 2007
 
  • 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
 
  • 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 competitors are Access and RCI.

 

Appendix

 

Local exchange services eligible for forbearance from regulation in this decision (for residential customers only)

Tariff

Item

List of services

21411 105.10 Excess Mileage Charges
21411 110.02 Seasonal Service
21411 110.06 Extended Network Access Service
21411 110.10 Network Access Service (Discontinued)
21411 110.12 Network Access Service
21411 110.14 Temporary Telephone Service
21411 150.05 Rotary Hunting Service
21411 150.15 SmartTouch Subscription Service
21411 160.10 Telephone Directory Service – Non-Listed and Non-Published
Numbers
21411 160.25 Intercept Service
21411 300.05 Feature Package
21412 550.06 Combined Voice Mail
21412 550.08 SaskTel Voice Mail Service
21412 550.10 TalkMail
21412 580.02 Internet Call Waiting

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