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Ottawa, 24 February 2009
File No.: 8740-A53-200900193
Ms. Teresa Griffin-Muir
Vice President Regulatory Affairs
MTS Allstream Inc.
45 O’Connor Street, 14th Floor
Ottawa , ON K1P 1A4
iworkstation@mtsallstream.com
Dear Ms. Griffin-Muir
RE: Bell Aliant Tariff Notice 333
On 8 January 2009, the Commission received an application by Bell Aliant Regional Communications, Limited Partnership (Bell Aliant) proposing changes to its General Tariff, item 215.6 – Regional Large Business Centrex Service (RLBCS), effective the date of the filing.
Specifically, Bell Aliant proposed to a) remove certain bands for which the Commission had forborne from the regulation of business local exchange services for all exchanges within that band and b) to introduce rate ranges for RLBCS and to publicly specify in the tariff the maximum rates to be charged.
Bell Aliant submitted that its proposal met the Commission's price cap or price regulation rules and the imputation test. In addition, Bell Aliant certified that its filing was a Group A filing consistent with Approval mechanisms for retail and CLEC tariffs, Telecom Decision 2008-74, 21 August 2008.
By letter, dated 20 January 2009, MTS Allstream Inc. (MTS Allstream) submitted comments on Bell Aliant’s Tariff Notice 333 (TN 333) in which it disagreed with Bell Aliant’s classification of its filing as a Group A filing.
MTS Allstream submitted that the introduction of rate ranges effectively constitutes the addition of a new rate element and, as such, should be treated as a Group B filing.
MTS Allstream submitted that the Commission must order Bell Aliant to resubmit TN 333 as a Group B filing in order to give interested parties a chance to comment fully on the proposed changes.
In its response comments, dated 23 January 2009, Bell Aliant asserted that its filing conformed to the Commission’s definition of a Group A filing.
In Telecom Decision 2008-74, effective 6 October 2008, the Commission forbore, pursuant to section 34 of the Act, from exercising its powers and performing its duties pursuant to subsection 25(1) of the Act with respect to the approval of tariff filings for retail telecommunications services provided by ILECs, conditional on:
the tariff filing qualifying as a Group A retail tariff filing (for example, changes to previously approved rates for retail services where the revised rates meet the Commission's price cap or price regulation rules, and the imputation test as applicable);
the ILEC filing the revised tariff with the Commission, on or before the effective date, for the public record; and
the ILEC certifying in writing to the Commission, on or before the effective date, for the public record, that the tariff filing complies with the definition of Group A.
Staff notes that the introduction of a rate range for an existing retail telecommunications service is a Group A component pursuant to Telecom Decision 2008-74, as further clarified by staff letter, dated 19 December 2008.
Staff considers that Bell Aliant’s TN 333 qualifies as a Group A filing and that Bell Aliant has met the other conditions set out in Telecom Decision 2008-74. Accordingly, in staff’s view, TN 333 is forborne from approval.
Yours sincerely,
Original signed by P. Godin
Paul Godin
Director General
Competition, Costing and Tariffs
c.c.: Pauline Jessome, MTS Allstream (613) 688-8791
Denis Henry, Bell Aliant, regulatory@bellaliant.ca, (613) 785-6361
Dave Palmer, Bell Canada, bell.regulatory@bell.ca, (613) 785-6280
Suzanne Bedard, CRTC, (819) 994-6134
Joe Cabrera, CRTC, (819) 934-6352
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