ARCHIVED - Telecom Decision CRTC 2011-632

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

PDF version

Ottawa, 29 September 2011

Bell Aliant Regional Communications, Limited Partnership – Application for forbearance from the regulation of business local exchange services

File number: 8640-B54-201109976

In this decision, the Commission approves Bell Aliant’s request for forbearance from the regulation of business local exchange services in 49 exchanges in New Brunswick and Newfoundland and Labrador.

Introduction

1.        The Commission received an application by Bell Aliant Regional Communications, Limited Partnership (Bell Aliant), dated 28 June 2011, in which the company requested forbearance from the regulation of business local exchange services[1] in 49 exchanges in New Brunswick and Newfoundland and Labrador. A list of these exchanges is set out in Appendix 1 to this decision.

2.        The Commission received submissions and data regarding Bell Aliant’s application from Rogers Communications Partnership (RCP). The public record of this proceeding, which closed on 3 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

3.        The Commission has assessed Bell Aliant’s application based on the local forbearance test set out in Telecom Decision 2006-15 by examining the four criteria set out below.

a) Product market

4.        The Commission received no comments with respect to Bell Aliant’s proposed list of business local exchange services.

5.        The Commission notes that Bell Aliant is seeking forbearance from the regulation of 38 tariffed business local exchange services. The Commission also notes that 23 of these services were either included in the list of services that the Commission found to be appropriate for forbearance in Telecom Decision 2005-35 or in subsequent decisions, such as Telecom Decision 2007-70. The Commission further notes that 14 of the other services are Centrex services that the Commission has found to be in the same relevant product market as business local exchange services and therefore appropriate for forbearance.[2] Finally, the Commission notes that Local Remote Call Forwarding Service, the remaining service, falls within the definition of local exchange services set out in Telecom Public Notice 2005-2.

6.        Accordingly, the Commission finds the list of services proposed by Bell Aliant to be appropriate. A list of the 38 approved services is set out in Appendix 2 to this decision.

b) Competitor presence test

7.        The Commission notes that information provided by parties confirms that there is, in addition to Bell Aliant, one independent, facilities-based, fixed-line telecommunications service provider[3] that offers local exchange services in the 49 exchanges in question and that is capable of serving at least 75 percent of the number of business local exchange service lines that Bell Aliant is capable of serving.

8.        Accordingly, the Commission determines that the 49 exchanges listed in Appendix 1 meet the competitor presence test.

c) Competitor quality of service (Q of S) results

9.       The Commission notes that Bell Aliant submitted competitor Q of S results for the period of December 2010 to May 2011. The Commission has reviewed these results and finds that Bell Aliant has demonstrated that during this six-month period it

i)      met, on average, the Q of S standards for each indicator set out in Appendix B of Telecom Decision 2006-15, as defined in Telecom Decision 2005-20, with respect to the services provided to competitors in its territory; and

ii)    did not consistently provide any of those competitors with services that were below those Q of S standards.

10.     Accordingly, the Commission determines that Bell Aliant meets the competitor Q of S criterion for this period.

d) Communications plan

11.     The Commission has reviewed Bell Aliant’s proposed communications plan and is satisfied that it meets the information requirements set out in Telecom Decision 2006-15. However, the Commission considers that the company should i) ensure that the plan applies to business services and not residential services by changing “residential” to “business” as required under the “Objectives” and “Key Messages” sections of the plan, and ii) change the city, province, and postal code information in the mailing address for the Canadian Radio-television and Telecommunications Commission, as set out in the plan, to “Ottawa, Ontario  K1A 0N2.”

12.     The Commission approves the proposed communications plan with the revision outlined above and directs Bell Aliant to provide the resulting communications materials to its customers, in both official languages where appropriate.

Conclusion

13.     The Commission determines that Bell Aliant’s application regarding the 49 exchanges in New Brunswick and Newfoundland and Labrador listed in Appendix 1 meets all the local forbearance criteria set out in Telecom Decision 2006-15.

14.     Pursuant to subsection 34(1) of the Telecommunications Act (the Act), the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in Telecom Decision 2006-15, in relation to the provision by Bell Aliant of the business local exchange services listed in Appendix 2 and future services that fall within the definition of local exchange services set out in Telecom Public Notice 2005-2 as they pertain to business customers only, in these exchanges, would be consistent with the Canadian telecommunications policy objectives set out in section 7 of the Act.

15.     Pursuant to subsection 34(2) of the Act, the Commission finds as a question of fact that these business local exchange services are subject to a level of competition in these exchanges sufficient to protect the interests of users of these services.

16.     Pursuant to subsection 34(3) of the Act, the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in Telecom Decision 2006-15, in relation to the provision by Bell Aliant of these business local exchange services in these exchanges would be unlikely to impair unduly the continuance of a competitive market for these services.

17.     In light of the above, the Commission approves Bell Aliant’s application for forbearance from the regulation of the local exchange services listed in Appendix 2 and future services that fall within the definition of local exchange services set out in Telecom Public Notice 2005-2, as they pertain to business customers only, in the 49 exchanges listed in Appendix 1, subject to the powers and duties that the Commission has retained as set out in Telecom Decision 2006-15. This determination takes effect as of the date of this decision. The Commission directs Bell Aliant to file revised tariff pages with the Commission within 30 days of the date of this decision.

Secretary General

Related documents

• MTS Allstream Inc.’s request to review and vary two decisions related to Centrex services, Telecom Decision CRTC 2008-57, 19 June 2008
• The relevant product market for Centrex and Enhanced Exchange Wide Dial services for the purposes of forbearance from regulation, Telecom Decision CRTC 2008-10, 31 January 2008
• Bell Aliant – Applications for forbearance from the regulation of business local exchange services, Telecom Decision CRTC 2007-70, 10 August 2007, as amended by Telecom Decision CRTC 2007-70-1, 22 August 2007, and Telecom Decision CRTC 2007-70-2, 29 November 2007
• Forbearance from the regulation of retail local exchange services, Telecom Decision CRTC 2006-15, 6 April 2006, as amended by Order in Council P.C. 2007-532, 4 April 2007
• List of services within the scope of the proceeding on forbearance from the regulation of local exchange services, Telecom Decision CRTC 2005-35, 15 June 2005, as amended by Telecom Decision CRTC 2005-35-1, 14 July 2005
• Forbearance from regulation of local exchange services, Telecom Public Notice CRTC 2005-2, 28 April 2005
• Finalization of quality of service rate rebate plan for competitors, Telecom Decision CRTC 2005-20, 31 March 2005

 

Appendix 1

Bell Aliant requested forbearance from the regulation of its business local exchange services in the following 49 exchanges:

New Brunswick

Allardville

Balmoral

Bathurst

Bouctouche

Campbellton

Cap-Pelé

Caraquet

Cocagne

Dalhousie

Edmundston

Florenceville

Fredericton

Fredericton Junction

Grand Bay-Westfield

Grand Falls

Hampton

Hartland

Hillsborough

Kedgwick

Memramcook

Minto

Miramichi

Neguac

Oromocto

Paquetville

Perth-Andover

Petitcodiac

Petit-Rocher

Richibucto

Rothesay

Saint John

Saint-Antoine

Saint-Isidore

Salisbury

Shediac

Shippagan

St. George

St. Louis-de-Kent

St. Stephen

Sussex

Tracadie

Woodstock

Newfoundland and Labrador

Corner Brook

Deer Lake

Long Pond

Pasadena

Portugal Cove

Pouch Cove

Torbay

 

---

Footnotes:

[1]    In this decision, “business local exchange services” refers to local exchange services used by business customers to access the public switched telephone network and any associated service charges, features, and ancillary services.

[2]    See Telecom Decision 2008-10, as confirmed in Telecom Decision 2008-57.

[3]    This competitor is RCP.