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ARCHIVED - Telecom Order CRTC 2010-494

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Ottawa, 21 July 2010

Bell Canada - Private Label Internet Service

File number: Tariff Notice 7258

1.      The Commission received an application by Bell Canada, dated 13 May 2010, in which the company proposed revisions to its Special Facilities Tariff item N1(c) – Private Label Internet Service [item N1(c)], in order to extend the associated contract to 6 December 2011. The company also proposed to withdraw current items N1(a) and N1(b), because these arrangements had expired with no customers remaining, and to renumber item N1(c) as item N1(a).

2.      Bell Canada submitted that although the contract term for N1(c) had expired on 6 December 2009, the company and the customer had only recently concluded an agreement for an extended contract period. Bell Canada indicated that, in the interim, the company had provided service to the customer at the rates, terms, and conditions specified in the expired tariff in order to facilitate the completion of negotiations, without interrupting service to the customer.

3.      Bell Canada therefore requested that the Commission ratify the rates for the period between 6 December 2009 and the tariff's proposed effective date.

4.      In Telecom Order 2010-380, the Commission approved on an interim basis Bell Canada's request to extend the contract associated with item N1(c), withdraw current items N1(a) and N1(b), and renumber item N1(c) as item N1(a), effective 15 June 2010. The Commission indicated that it would address the ratification request in a subsequent order.

5.      The Commission received no comments regarding this application. The public record of this proceeding can be found on the Commission's website at www.crtc.gc.ca under “Public Proceedings” or by using the file number provided above.

Should the Commission ratify the rates as requested and approve the application on a final basis?

6.      The Commission notes that, pursuant to subsection 25(4) of the Telecommunications Act, it may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if it is satisfied that the rate was charged because of an error or other circumstance that warrants the ratification.

7.      The Commission notes that following the expiry of the previous contract and while negotiations were under way for the new arrangement, the customer continued to receive services according to the rates, terms, and conditions of the previous contract in order to prevent service disruption. The Commission determines that in these circumstances, ratification of the rates is appropriate.

8.      Accordingly, the Commission approves on a final basis Bell Canada's application and ratifies the charging of the rates for the above-noted service for the period of 6 December 2009 to 14 June 2010.

Secretary General

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