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Ottawa, 22 December 2010

File No.: 8740-K1-201018523


Mr. Stace Gander
General Manager
Carrier Access Services
110 Matheson Street S.
Kenora, Ontario
P9N 1T8

RE: Tariff Notice 62 – Digital Network Services

Dear Mr. Gander:

On 16 December 2010, the Commission received the above-mentioned Tariff Notice by KMTS in which the company proposed modifications to its General Tariff Section 900 – Digital Network Services in order to increase certain rates. KMTS 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 a) of the definition of Group A tariff filings which indicates that the associated revisions consist of 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. Commission staff notes that the company’s proposal is in fact a re-banding of its Digital Network Services.

The company’s application will therefore be processed as a Group B application.

Notwithstanding, KMTS is requested to provide additional supporting rationale and data to justify why the proposed re-banding of its Digital Network Services should be approved, by 10 January 2010.

Consequently, this application, along with all associated subsequent revisions, will not be approved on an interim basis on the 15th calendar day of their receipt. However, the Commission intends to dispose of this application within 45 business days of receipt of the filing.


Original signed by S. Bédard’

Suzanne Bédard
Senior Manager - Tariffs

cc: Martin Brazeau, CRTC, (819) 997-3498,

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