ARCHIVED - Telecom Notice of Consultation CRTC 2011-596

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Ottawa, 19 September 2011

Call for comments on a revised condition that would apply to Canadian carriers that offer services to local VoIP service providers

File number: 8663-C12-201112820

Background

1.        In Telecom Decision 2005-21, the Commission required local voice over Internet Protocol (VoIP) service providers to provide 9-1-1 service and imposed related obligations on them. In Telecom Decisions 2005-61 and 2007-44, and in Telecom Regulatory Policy 2011-426, the Commission amended existing 9-1-1 obligations and imposed additional ones on local VoIP service providers. A complete list of the 9-1-1 obligations applicable to local VoIP service providers is provided in the Appendix to this notice.

2.        The 9-1-1 obligations set out in Telecom Decisions 2005-21, 2005-61, and 2007-44, and Telecom Regulatory Policy 2011-426 are imposed on VoIP resellers through a provision that requires Canadian carriers, as a condition of providing telecommunications services to local VoIP service providers, to include in their service contracts or other arrangements with these service providers, the requirement that the latter comply with the 9-1-1 obligations (a “contractual condition”). If a local VoIP service provider is not complying with the 9-1-1 obligations, the Commission can initiate a proceeding to show cause why the Canadian carrier or other telecommunications service provider (TSP) that provides telecommunications services to the local VoIP service provider should not be ordered to cease providing such services.

3.        The Commission considers it necessary to ensure that the 9-1-1 obligations apply to all local VoIP service providers, including resellers that do not have contracts directly with the Canadian carriers (i.e. resellers that obtain service from other resellers). This would ensure that all customers have access to 9-1-1 service regardless of the type of TSP that provides their phone service.

Call for comments

4.        Therefore, the Commission calls for comments on the modifications proposed below.

5.        The Commission proposes to modify the contractual condition set out in paragraphs 53, 69, and 99 of Telecom Decision 2005-21; paragraph 17 of Telecom Decision 2005-61; paragraph 61 of Telecom Decision 2007-44; and paragraph 18 of Telecom Regulatory Policy 2011-426 as follows:[1]

The Commission directs all Canadian carriers, as a condition of providing telecommunications services to local VoIP service providers, to include in their service contracts or other arrangements with these service providers, the requirement that the latter, and any or all of their wholesale customers and subordinate wholesale customers, abide by the directions regarding the provision of 9-1-1 service to local VoIP service providers set out in paragraphs 52, 68, 93, 94, and 98 of Telecom Decision 2005-21; paragraph 14 of Telecom Decision 2005-61; paragraph 60 of Telecom Decision 2007-44; and paragraph 17 of Telecom Regulatory Policy 2011-426.

6.        If the above modification is adopted, the Commission would implement these revised conditions immediately in all new, amended, and renewed contracts, as well as in other arrangements between Canadian carriers and local VoIP service providers. As a result, to ensure that all local VoIP service providers currently offering service abide by their 9-1-1 obligations, the Commission would require all Canadian carriers to re-open existing contracts and other arrangements with local VoIP service providers, and include the above conditions.

Procedure

7.        The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure SOR/2010-277 (the Rules of Procedure), which came into force on 1 April 2011, apply to this proceeding.[2]

8.        The local exchange carriers listed in Attachment 1 and the resellers listed in Attachment 2 are made parties to this proceeding[3] and may file an intervention with the Commission, by 19 October 2011.

9.        Interested persons who wish to become parties to this proceeding must file an intervention with the Commission regarding the above-noted issue, by 19 October 2011. In accordance with section 26 of the Rules of Procedure, this intervention must explicitly state that the person wishes to be considered an intervener.

10.     All parties may file reply comments with the Commission, by 3 November 2011.

11.     The Commission expects to publish a decision on the issue raised in this notice within four months of the close of record.

12.     The Commission will not formally acknowledge interventions or comments. It will, however, fully consider all submissions, which will form part of the public record of the proceeding.

13.     Parties are reminded that, in accordance with the Rules of Procedure, if a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date. A document must be filed with the Commission by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due.

14.     Parties may file their submissions electronically or on paper. Submissions longer than five pages should include a summary.

15.     Electronic submissions should be in HTML format. Alternatively, Microsoft Word may be used for text and Microsoft Excel for spreadsheets.

16.     Each paragraph of all submissions should be numbered. In addition, the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

17.     The Commission encourages interested persons and parties to monitor the record of this proceeding and/or the Commission's website for additional information that they may find useful when preparing their submissions.

Important notice

18.     All information provided as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, email, or through the Commission's website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission's website. This includes personal information, such as full names, email addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information provided.

19.     The personal information provided will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

20.     Documents received electronically or otherwise will be posted on the Commission's website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

21.     The information provided to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission's website with the help of either its search engine or a third-party search engine will not link directly to the information provided as part of this public process.

Location of CRTC offices

22.    Submissions may be examined or will be made available promptly upon request at Commission offices during normal business hours.

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec  J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia  B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

205 Viger Avenue West, Suite 504
Montréal, Quebec  H2Z 1G2
Tel.: 514-283-6607

55 St. Clair Avenue East, Suite 624
Toronto, Ontario  M4T 1M2
Tel.: 416-952-9096

360 Main Street, Suite 970
Winnipeg, Manitoba  R3C 3Z3
Tel.: 204-983-6306
Fax: 204-983-6317

2220 – 12th Avenue, Suite 620
Regina, Saskatchewan  S4P 0M8
Tel.: 306-780-3422

100 4^th Avenue SW, Suite 403
Calgary, Alberta  T2P 3N2
Tel.: 403-292-6660
Fax: 403-292-6686

858 Beatty Street, Suite 290
Vancouver, British Columbia  V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General

Related documents

• Provision of a 9-1-1 caller's telephone number to nomadic and fixed/non-native VoIP service providers' 9-1-1 operators, Telecom Regulatory Policy CRTC 2011-426, 14 July 2011
• Routing of fixed/non-native and nomadic VoIP 9-1-1 calls to public safety answering points, Telecom Decision CRTC 2007-44, 15 June 2007
• Follow-up to Emergency service obligations for local VoIP service providers, Decision 2005-21 - Customer notification requirements, Telecom Decision CRTC 2005-61, 20 October 2005
• Regulatory framework for voice communication services using Internet Protocol, Telecom Decision CRTC 2005-28, 12 May 2005
• Emergency service obligations for local VoIP service providers, Telecom Decision CRTC 2005-21, 4 April 2005

Appendix

List of 9-1-1 obligations applicable to local VoIP service providers, based on determinations made in Telecom Decisions 2005-21, 2005-61, and 2007-44, and in Telecom Regulatory Policy 2011-426

i.       Provide 9-1-1 service:

Canadian carriers offering fixed local VoIP services, where the end-user is assigned an NPA-NXX native to any of the local exchanges within the region covered by the customer's serving PSAP [public safety answering point], are to provide 9-1-1/E9-1-1 [Enhanced 9-1-1] service, where it is available from the ILEC [incumbent local exchange carrier]. This support is to include provisioning end-user information in the ALI [Automatic Location Information] database associated with the end-user's serving PSAP, and routing 9-1-1 calls, along with ANI [automatic number identification] and ALI data, to the correct PSAP in a manner that is compatible with the PSAP's systems. Call control features are to be supported to the extent technically feasible. (Source: paragraph 52 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to use 0-ECRS [zero-dialed emergency call routing service] as the interim solution to route fixed/non-native and nomadic VoIP 9-1-1 calls to the PSAPs, pending the development and implementation of a long-term fixed/non-native and nomadic VoIP E9-1-1 solution. (Source: paragraph 60 of Telecom Decision 2007-44)

The Commission directs VSPs [nomadic and fixed/non-native VoIP service providers] to implement the capability to provide their VSP operators with a 9-1-1 caller's telephone number, within 9 months of the date of this decision [i.e. by 14 April 2012], and to require their VSP operators to use the provided telephone number as a last resort to re-establish contact with a 9-1-1 caller, when a 9-1-1 call is disconnected before the caller's location has been determined. (Source: paragraph 17 of Telecom Regulatory Policy 2011-426)

ii.     Provide customer notifications:

All Canadian carriers offering local VoIP services are to provide initial customer notification, regarding any limitations that may exist with respect to 9-1-1/E9-1-1 service, before service commencement. This information is to be made available through all of the following: marketing material used for television, radio and printed media, the terms and conditions of service, on-line material, customer service representatives, service contracts and starter kits. (Source: paragraph 93 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to provide on-going customer notification during service provision through all of the following: marketing material used for television, radio and printed media, the terms and conditions of service, on-line material, customer service representatives, warning stickers affixed to telephone sets and billing inserts. (Source: paragraph 94 of Telecom Decision 2005-21)

In cases where there are limitations on VoIP 9-1-1/E9-1-1 service, Canadian carriers offering local VoIP services are to obtain, prior to commencement of service, the customer's express consent, by which the customer acknowledges his/her understanding of the 9-1-1/E9-1-1 service limitations, using one of the methods approved in Telecom Decision 2005-15. To ensure that information regarding limitations on 9-1-1/E9-1-1 service is accessible to persons with visual disabilities, all customer notification, and any printed information used to secure the express customer consent, must be provided in alternative formats (e.g. Braille and large print), upon request. Furthermore, to ensure that such documentation is accessible to persons with cognitive disabilities, local VoIP service providers are required, at a minimum, to explain it, upon request. (Source: paragraph 98 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to abide by the customer notification requirements set out in the Report [ESWG Consensus Report ESRE039D – Customer Notification Issues re: 9-1-1 calls on VoIP, 21 July 2005]. (Source: paragraph 14 of Telecom Decision 2005-61)

Canadian carriers offering local VoIP service are to submit copies of their customer notifications concerning the availability, characteristics, and limitations of their 9-1-1/E9-1-1 service for review by the Commission, prior to offering service. (Source: paragraph 16 of Telecom Decision 2005-61)

The proposed texts must adhere to the requirements set out in the Report and in the following paragraphs: (Source: paragraph 15 of Telecom Decision 2005-61)

Where the Report recommends that the information contained in the notifications be “clearly visible,” the Commission clarifies that the text must be easily legible. Local VoIP service providers are to avoid the unnecessary use of upper case letters, and avoid narrow spacing, and anything that may impede the readability of the text.

The font size of the text of notifications used for television, print, and on-line media should be, at a minimum, the same as the main text in the marketing material. With respect to the text contained in items such as, but not limited to, terms and conditions of service, website materials, service contracts, starter kits, installation software and billing inserts, the Commission determines that local VoIP service providers must use 12 point font, at a minimum.

In addition to ensuring that the language for customer notification in both audio and print marketing materials is simple and user-friendly, local VoIP service providers must ensure that their message is succinct. Moreover, with respect to audio notifications used for television and radio, the message must be easily audible. (Source: paragraphs 11 to 13 of Telecom Decision 2005-61)

iii.   Register with the Commission (although this is not strictly a 9-1-1 obligation, it is a requirement for providing local VoIP service):

Accordingly, the Commission directs that all local VoIP service providers that are not operating as Canadian carriers are to register with the Commission as resellers, as a condition of obtaining services from a Canadian carrier or other TSP. (Source: paragraph 204 of Telecom Decision 2005-28)

 

Attachment 1

Incumbent Local Exchange Carriers
	Bell Aliant Regional Communications, Limited Partnership
	Bell Canada
	MTS Allstream Inc.
	Northwestel Inc.
	Saskatchewan Telecommunications
	Télébec, Limited Partnership
	TELUS Communications Company

 

Competitive Local Exchange Carriers
	768812 Ontario Inc. (Vianet Internet Solutions / Exatel)
	Access Communications Co-operative Limited
	Bell Canada
	Bragg Communications Inc. (EastLink)
	Bruce Telecom
	Câble-Axion Digitel inc.
	CityWest Cable (North) Corp.
	Cogeco Cable Canada LP
	Cogeco Cable Québec General Partnership
	Cogeco Data Services LP
	CoopTel
	DERYtelecom inc.
	Distributel Communications Limited
	Eastlink Bluewater Communications Inc.
	Execulink Telecom Inc.
	Fibernetics Corporation
	Fido Solutions Inc.
	FlexITy Solutions Inc.
	Globility Communications Corporation
	Hay Communications Co-operative Limited
	Huron Telecommunications Co-operative Limited
	Iristel Inc.
	ISP Telecom Inc.
	La Coopérative de câblodistribution de l'Arrière-Pays
	Les.Net (1996) Inc.
	Managed Network Systems Inc.
	Maskatel inc.
	Michaud Technologies Inc.
	Mornington Communications Co-operative Limited
	Mountain Cablevision Ltd.
	MTO Telecom Inc.
	MTS Allstream Inc.
	NanoFibre Networks Inc.
	Navigata Communications 2009, Inc.
	Nexicom Telecommunications Inc.
	Novus Entertainment Inc.
	NRTC Communications
	O.N.Tel Inc. (Ontera)
	Persona Communications Inc.
	Provincial Tel Inc.
	Quadro Communications Co-operative Inc.
	Rogers Communications Partnership
	Seaside Communications
	Shaw Telecom G.P.
	Sogetel inc.
	Source Cable Limited
	Telecom, Inc.
	Téléphone Drummond Inc.
	Telnet Communications
	TELUS Communications Company
	TeraGo Networks Inc.
	Tuckersmith Communications Co-operative Limited
	Videotron G.P.
	Westman Media Cooperative Ltd.
	Wightman Communications Ltd.
	WTC Communications
	Xittel Telecommunications Inc.
	Yak Communications (Canada) Corp.

 

Proposed Competitive Local Exchange Carriers
	2288 International Inc.
	9144-3036 Quebec Inc.
	Amtelecom Cable GP Inc.
	Beanfield Technologies Inc.
	Brooke Telecom Co-operative Ltd.
	Cable T.V. of Camrose Inc.
	Cable T.V. Slave Lake Ltd.
	Câblovision Warwick Inc.
	CANADIANMAGICJACK.CA LTD
	Canyon.TV, Incorporated
	Colba.Net Inc.
	Comwave Networks Inc.
	Coopérative de câblodistribution Ste-Catherine-Fossambault
	DSM Telecommunications Inc.
	Gosfield North Communications Co-operative Limited
	Internet Access Solutions Ltd.
	Kimcot Inc.
	Lakeland Energy Ltd.
	Line4 Communications Inc.
	Mascon Cable Systems Inc.
	Olds Fibre Ltd.
	Ormuco Inc.
	RFNow Inc.
	Rich Telecom
	Shannon Vision Inc.
	Sun Country Cablevision Ltd.
	The Community Recreation Rebroadcasting Service Association
	VOIS Inc.
	YourLink Inc.

Small Incumbent Local Exchange Carriers
	Amtelecom Telco GP Inc.
	Brooke Telecom Co-operative Ltd.
	Bruce Telecom
	CityWest Telephone Corporation
	Cochrane Telecom Services
	CoopTel
	Dryden Municipal Telephone System
	Execulink Telecom Inc.
	Gosfield North Communication Co-operative Limited
	Hay Communications Co-operative Limited
	Huron Telecommunications Co-operative Limited
	KMTS
	La Cie de Téléphone de Courcelles Inc.
	La Compagnie de Téléphone de Lambton Inc.
	La Compagnie de Téléphone de St-Victor
	La Compagnie de Téléphone Upton inc.
	Lansdowne Rural Telephone Co. Ltd.
	Le Téléphone de St-Éphrem inc.
	Mornington Communications Co-operative Limited
	Nexicom Telecommunications Inc.
	Nexicom Telephones Inc.
	North Frontenac Telephone Corporation Ltd.
	NorthernTel, Limited Partnership
	Northwestel Inc.
	NRTC Communications
	O.N.Tel Inc. (Ontera)
	People's Tel Limited Partnership
	Quadro Communications Co-operative Inc.
	Roxborough Telephone Company Limited
	Sogetel inc.
	TBayTel
	Téléphone Guèvremont inc.
	Téléphone Milot inc.
	Tuckersmith Communications Co-operative Limited
	Wightman Telecom Ltd.
	WTC Communications

---

Footnotes:

[1]  The bolded text in this paragraph shows the changes proposed to the directives given to Canadian carriers in these decisions. The paragraph also reflects editorial changes to encompass all Commission determinations with regard to the provision of 9-1-1 service by VoIP service providers in these decisions.

[2]  The Rules of Procedure set out, among other things, the rules for the filing, content, and format of interventions, interrogatories, and replies, and the procedure for filing confidential information and requesting its disclosure. Accordingly, the procedure set out in this notice must be read in conjunction with the Rules of Procedure and their accompanying documents, which can be found on the Commission's website under “CRTC Rules of Practice and Procedure.”

[3]  Taken from the lists of carriers and resellers posted on the Commission's website as of the date of this notice, at the following addresses, respectively: http://www.crtc.gc.ca/eng/comm/telecom/resptrans.htm and http://support.crtc.gc.ca/tlcmlsts/default.aspx?indx=35&lang=e.