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Ottawa, 26 July 2010

Our Reference:  8663-C12-201000653


Mr. Dennis Béland
Director, Regulatory Affairs,
Quebecor Media Inc.

Mr. Ken Engelhart
Senior Vice President
Rogers Communications

Mr. Jean Brazeau
Vice President
Shaw Communications Inc.

Re: Routing of traffic destined for small ILECs utilizing Bell Canada’s local transit service

Dear Sirs:

The Commission is in receipt of a letter, dated 13 July 2010, from Quebecor Media Inc. (on behalf of its affiliate Videotron Ltd.), Rogers Communications Inc. and Shaw Communications Inc., (collectively the CLECs), concerning a letter dated 4 June 2010 that they had received from Bell Canada Carrier Relations.  In the Bell Canada letter, the CLECs were advised that competitive local exchange carrier (CLEC) toll traffic destined to a small incumbent local exchange carrier (ILEC) could not be transited via Bell Canada’s local transit service.  The CLECs were also advised that effective 4 August 2010 Bell Canada may, at its discretion; either block such non qualifying traffic or impose any applicable surcharge for ineligible traffic allowed in its tariffs.

The CLECs requested that the Commission direct Bell Canada to raise its concerns in the context of the proceeding initiated by Obligation to serve and other matters, Telecom Notice of Consultation CRTC 2010-43, 28 January 2010, as amended 5 March 2010 and 30 March 2010 (Telecom Notice of Consultation 2010-43), and to refrain from taking any traffic blocking or other preemptive actions pending the outcome of that proceeding.

By letter dated 21 June 2010, Bell Canada submitted that the CLECs' requests are without merit and should be dismissed.  Bell Canada stated its 4 June 2010 letter raises no new or policy issues and is simply a tariff implementation matter, and that there is no merit or requirement to subsume the interpretation of its existing local transit service tariff among the policy issues being explored in Telecom Notice of Consultation 2010-43.

On the basis of the information before it, Commission staff considers that the issue raised in the CLECs’ 13 July 2010 letter relate to the proper interpretation of existing tariffs and prior Commission determinations and, as such, do not fall within the scope of issues to be addressed as part of the Telecom Notice of Consultation 2010-43 proceeding.  In this regard, it is worth further noting that the SILECs’ regulatory regime is not up for consideration as part of the Telecom Notice of Consultation 2010-43 proceeding.  Consequently, the CLECs’ request is denied.

Commission staff notes that should the CLECs wish to challenge Bell Canada’s interpretation of its tariffs and related Commission determinations, it should follow the procedures set out in the CRTC Telecommunications Rules of Procedure, including the notice requirements therein set out.


Original signed by Lynne Fancy

John Traversy
Executive Director,

cc.:  Mirko Bibic – Bell Canada

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