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ARCHIVED - Telecom Order CRTC 2011-592

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Ottawa, 16 September 2011

Amtelecom Limited Partnership – Withdrawal of pay-per-use calling features and Value Package 30

File number: Tariff Notice 66

1.         The Commission received an application by Amtelecom Limited Partnership (Amtelecom), dated 13 July 2011, in which the company proposed revisions to its General Tariff item 490 – Calling Features & Services. Specifically, Amtelecom proposed to withdraw three calling features offered on a pay-per-use basis, namely Three Way Calling, Call Return, and Busy Call Return (collectively, the pay-per-use calling features), as well as Value Package 30, a feature package that includes Call Forwarding, Call Waiting, and Speed Calling. The company also requested that the Commission ratify the rate of $0 for the pay-per-use calling features from 1 June 2010 to the date its application is approved.

2.         Amtelecom submitted that it had made changes to its billing and provisioning systems on 1 June 2010 and that, due to these changes, it has been unable to bill its customers for the pay-per-use calling features since that date. It also submitted that it did not become aware of this billing system limitation until after these changes were implemented. The company further submitted that the costs to upgrade its systems to enable it to charge for the pay-per-use calling features are far in excess of the revenues that could be generated by charging for these features.

3.         Amtelecom indicated that it had sent a notification of its application to withdraw the pay-per-use calling features to customers who had used the features in the three months prior to its application. The company had indicated in the notification that it would continue to offer unlimited use of each of these calling features on a monthly subscription basis, at the current rate of $3 each per month.

4.         Regarding its proposal to withdraw Value Package 30, Amtelecom indicated that this package was destandardized in Order 2000-897 and that no customers currently subscribe to this package.

5.         The Commission received no comments regarding this application. The public record of this proceeding, which closed on 27 August 2011, is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings” or by using the file number provided above.

Commission’s analysis and determinations

6.         The Commission considers that Amtelecom has complied with the requirements set out in Telecom Decision 2008-22, in which the Commission revised its procedures for dealing with applications to destandardize and/or withdraw tariffed services.

7.         Specifically, regarding Amtelecom’s request to withdraw its pay-per-use calling features, the Commission considers that the notification sent to customers who had used the features in the three months prior to the withdrawal application constitutes appropriate notice of the company’s intention to withdraw the features. The Commission notes that Amtelecom also identified service alternatives in its customer notification.

8.         With respect to Amtelecom’s request to withdraw its Value Package 30, the Commission considers that since no customers currently subscribe to this package, customer notification of the withdrawal is not required.

9.         Regarding Amtelecom’s ratification request, 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. The Commission considers that the billing system limitation in question qualifies as a circumstance that warrants the ratification.

10.     Accordingly, the Commission approves Amtelecom’s application to withdraw its pay-per-use calling features and Value Package 30, effective the date of this order. The Commission also ratifies the rate of $0 for the company’s pay-per-use calling features from 1 June 2010 to 15 September 2011.

Secretary General

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