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Ottawa, February 20, 2009
File No.: 8740-T69-200903601
Via e-mail
Mr. Orest Romaniuk
Vice-president
Finance – Regulatory and Economic Affairs
TELUS Communications Company
21, 10020 – 100th Street NW
Edmonton, Alberta T5J 0N5
orest.romaniuk@telus.com
RE: Tariff Notice 504 – Fibre optic
Dear Mr. Romaniuk:
On 13 February 2009, the Commission received the above-mentioned Tariff Notice by TELUS Communications Company (TCC). TCC submitted that its application was filed as a Group A tariff filing consistent with Approval mechanism for retail and CLEC tariffs, Telecom Decision 2008-74, 21 August 2008 (Decision 2008-74).
Commission staff considers that this application does not meet the definition of Group A tariff filings as indicated in Appendix 1 of Decision 2008-74. In particular, it does not meet part c) of the definition of Group A tariff filings in that it is not “updates to tariff pages to incorporate forborne exchanges or routes, consistent with Commission forbearance decisions” [emphasis added].
Furthermore, staff notes that TCC did not comply with the submission format set out in the CRTC Telecommunications Rules of Procedure (the Rules) concerning applications for approval of new or amended tariff pages. The Commission staff is of the opinion that TCC did not adequately explain the reasons for the requested amendments. Specifically:
- TCC indicated that it was proposing to withdraw tariff pages pertaining to Item 3.09.04, Inter-exchange Distance Charges – Fibre Optic, in its General Tariff. Staff notes that instead, TCC withdrew tariff pages pertaining to Item 2.07.05, Intra-exchange Distance Charges – Fibre Optic of its General Tariff (Item 2.07.05), which is an intra-exchange dark fibre service;
- In support of its application, TCC noted that the Commission forbore from regulating intra-exchange fibre optic services as set out in paragraph 13 of Regulatory issues with respect to the provision of inter-exchange dark fibre – Follow-up to Telecom Decision 2007-101, Telecom Decision 2008-31, 10 April 2008 (Decision 2008-31). The Commission staff notes that the forbearance from regulation set out in Decision 2008-31 applies to inter-exchange dark fibre services, not intra-exchange fibre optic services. The intra-exchange dark fibre services forbearance is covered under Follow-up to Telecom Decision 2008-85 – Regulation of intra-exchange dark fibre services, Telecom Regulatory Policy CRTC 2009-9, 14 January 2009 (Regulatory Policy 2009-9).
The Commission staff also notes that contrary to what is indicated in the reference at the bottom of the proposed tariff page, the amendments proposed by TCC in TN 504 were not approved by the Commission in Decision 2008-74. In Decision 2008-74, the Commission indicated that for each Group A and Group B retail tariff filing, the Incumbent Local Exchange Carriers are required to show (1) the filing date at the bottom left of the tariff page; (2) the tariff notice number at the bottom centre; and (3) the effective date at the bottom right. The tariff page should not include a reference to Decision 2008-74 as justification for its approval.
In light of the foregoing, this file is closed. Accordingly, TCC must publish the tariff pages for Item 2.07.05 that were in effect as of the date Tariff Notice 504 was filed.
The Commission staff reminds TCC that in paragraph 14 of Regulatory Policy 2009-9, it was directed to modify its tariff pages to reflect the Commission’s findings set out in this Regulatory Policy. Accordingly, TCC must file a new tariff notice that complies with the Commission’s determinations set out in Decision 2008-74 and with the Rules.
Sincerely,
Original signed by Suzanne Bédard
for
Paul Godin
Director General,
Competition, Costing and Tariffs
Telecommunications
c.c.: Martin Brazeau, CRTC, 819-997-3498, martin.brazeau@crtc.gc.ca
- Date modified: