ARCHIVED - Telecom Decision CRTC 2011-633
This page has been archived on the Web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.
Ottawa, 29 September 2011
Bell Aliant Regional Communications, Limited Partnership – Application for forbearance from the regulation of business local exchange services
File number: 8640-B54-201109984
In this decision, the Commission approves Bell Aliant’s request for forbearance from the regulation of business local exchange services in 85 exchanges in Newfoundland and Labrador, Nova Scotia, and Prince Edward Island. The Commission denies Bell Aliant’s request for forbearance in four exchanges in Nova Scotia and Prince Edward Island.
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 89 exchanges in Newfoundland and Labrador, Nova Scotia, and Prince Edward Island. 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 Bragg Communications Inc., operating as EastLink (EastLink). The public record of this proceeding, which closed on 9 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 37 tariffed business local exchange services. The Commission also notes that 24 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 12 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 37 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 85 of the 89 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. A list of these 85 exchanges is set out in Appendix 3 to this decision.
8. Accordingly, the Commission determines that the 85 exchanges listed in Appendix 3 meet the competitor presence test.
9. The Commission also notes that there is no independent, facilities-based, fixed-line telecommunications service provider capable of serving at least 75 percent of the number of business local exchange service lines that Bell Aliant is capable of serving in the exchanges of Annapolis Royal, Mulgrave, and Musquodoboit Harbour, Nova Scotia, and Covehead, Prince Edward Island.
10. Accordingly, the Commission determines that the exchanges of Annapolis Royal, Mulgrave, and Musquodoboit Harbour, Nova Scotia, and Covehead, Prince Edward Island, do not meet the competitor presence test.
c) Competitor quality of service (Q of S) results
11. 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.
12. Accordingly, the Commission determines that Bell Aliant meets the competitor Q of S criterion for this period.
d) Communications plan
13. 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.”
14. 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
15. The Commission determines that Bell Aliant’s application regarding the 85 exchanges in Newfoundland and Labrador, Nova Scotia, and Prince Edward Island listed in Appendix 3 meets all the local forbearance criteria set out in Telecom Decision 2006-15.
16. 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.
17. 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.
18. 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.
19. 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 85 exchanges listed in Appendix 3, 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.
20. For the exchanges of Annapolis Royal, Mulgrave, and Musquodoboit Harbour, Nova Scotia, and Covehead, Prince Edward Island, the Commission determines that Bell Aliant’s application does not meet all the local forbearance criteria set out in Telecom Decision 2006-15. The Commission therefore denies Bell Aliant’s application for forbearance from the regulation of business local exchange services in these exchanges.
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 89 exchanges.
|
| Newfoundland and Labrador
|
| Arnold’s Cove |
| Bay Roberts |
| Birchy Bay |
| Bonavista |
| Brigus |
| Burin |
| Carbonear |
| Chapel Arm |
| Clarenville |
| Garnish |
| Glovertown |
| Grand Bank |
| Harbour Main |
| Hare Bay |
| Hickman’s Harbour |
| Hillview |
| Horwood |
| King’s Point |
| Lewisporte |
| Lourdes |
| Marystown |
| Musgravetown |
| Port au Port |
| Springdale |
| St. George’s |
| Stephenville |
| Upper Island Cove
|
| Nova Scotia
|
| Amherst |
| Annapolis Royal |
| Antigonish |
| Arichat |
| Aylesford |
| Barrington |
| Bear River |
| Berwick |
| Bridgetown |
| Brookfield |
| Brooklyn |
| Chester |
| Chezzetcook |
| Digby |
| Elmsdale |
| Hantsport |
| Heatherton |
| Hopewell |
| Kentville |
| Kingston |
| Louisdale |
| Maccan |
| Meteghan |
| Middleton |
| Mill Village |
| Mount Uniacke |
| Mulgrave |
| Musquodoboit Harbour |
| New Glasgow |
| North Sydney |
| Parrsboro |
| Pictou |
| Port Hawkesbury |
| Port Mouton |
| River Hebert |
| Saltsprings |
| Saulnierville |
| Shelburne |
| Shubenacadie |
| Springhill |
| Stewiacke |
| Sydney |
| Thorburn |
| Truro |
| Waverley |
| Wedgeport |
| Weymouth |
| Windsor |
| Wolfville |
| Woods Harbour |
| Yarmouth
|
| Prince Edward Island
|
| Alberton |
| Borden |
| Charlottetown |
| Covehead |
| Crapaud |
| Hunter River |
| Kensington |
| Morell-St. Peters |
| Murray River |
| O’Leary |
| Souris |
| Appendix 2
| ||
| Local exchange services eligible for forbearance from regulation in this decision (for business customers only)
| ||
| Tariff | Item | List of services
|
| 21491 | 125.3 | Extra Listings |
| 21491 | 125.4 | Non-Listed, Non-Published Service |
| 21491 | 125.5 | Contract Period for Chargeable Extra Listings |
| 21491 | 125.6 | Directories and Listings – Rates and Charges |
| 21491 | 205.2 | Business Single-Line Access Service |
| 21491 | 205.4 | Business Multi-Line Access Service |
| 21491 | 205.6 | Hotel Service |
| 21491 | 205.7 | Charitable Access Service |
| 21491 | 215.2 | National Centrex Service |
| 21491 | 215.5 | Centrex Call Centre Service |
| 21491 | 215.6 | Regional Large Business Centrex Service |
| 21491 | 304 | Enhanced Local Calling (Calling Features) |
| 21491 | 308 | Internet Call Manager |
| 21491 | 312 | 900 Call Denial/Blocking Service |
| 21491 | 316 | Universal Messaging |
| 21491 | 320 | Electronic Transfer Capability for Centrex |
| 21491 | 326 | Music on Hold |
| 21491 | 328 | Direct-Inward-Dialing for Access Service |
| 21491 | 338 | Answer Supervision |
| 21491 | 358 | Data Line Support Service |
| 21491 | 360 | Duplicate Service |
| 21491 | 362 | Client Calling Code Service |
| 21491 | 364 | Centrex IP Service |
| 21491 | 365 | Local Remote Call Forwarding Service |
| 21491 | 502 | Digital Exchange Access |
| 21491 | 504 | Megalink Service |
| 21491 | 506 | Microlink Service |
| 10001 | 530 | Other Service Charges (Centrex) |
| 10001 | 631 | Business Message Rate Service |
| 10001 | 750-790 | Centrex Business Service |
| 10001 | 955-980 | Small Business Network Service |
| 10001 | 2100-2110 | Conference Service - Local |
| 11001 | 370 | Other Service Charges (Centrex) |
| 11001 | 694-699 | Centrex Business Service |
| 11001 | 910-915 | Local Conference Service |
| 13001 | 190 | Provincial Centrex Service |
| 13001 | 193-194 | National Centrex Service |
| Appendix 3
|
| Exchanges that meet all the local forbearance criteria set out in Telecom Decision 2006-15:
|
| Newfoundland and Labrador
|
| Arnold’s Cove |
| Bay Roberts |
| Birchy Bay |
| Bonavista |
| Brigus |
| Burin |
| Carbonear |
| Chapel Arm |
| Clarenville |
| Garnish |
| Glovertown |
| Grand Bank |
| Harbour Main |
| Hare Bay |
| Hickman’s Harbour |
| Hillview |
| Horwood |
| King’s Point |
| Lewisporte |
| Lourdes |
| Marystown |
| Musgravetown |
| Port au Port |
| Springdale |
| St. George’s |
| Stephenville |
| Upper Island Cove
|
| Nova Scotia
|
| Amherst |
| Antigonish |
| Arichat |
| Aylesford |
| Barrington |
| Bear River |
| Berwick |
| Bridgetown |
| Brookfield |
| Brooklyn |
| Chester |
| Chezzetcook |
| Digby |
| Elmsdale |
| Hantsport |
| Heatherton |
| Hopewell |
| Kentville |
| Kingston |
| Louisdale |
| Maccan |
| Meteghan |
| Middleton |
| Mill Village |
| Mount Uniacke |
| New Glasgow |
| North Sydney |
| Parrsboro |
| Pictou |
| Port Hawkesbury |
| Port Mouton |
| River Hebert |
| Saltsprings |
| Saulnierville |
| Shelburne |
| Shubenacadie |
| Springhill |
| Stewiacke |
| Sydney |
| Thorburn |
| Truro |
| Waverley |
| Wedgeport |
| Weymouth |
| Windsor |
| Wolfville |
| Woods Harbour |
| Yarmouth
|
| Prince Edward Island
|
| Alberton |
| Borden |
| Charlottetown |
| Crapaud |
| Hunter River |
| Kensington |
| Morell-St. Peters |
| Murray River |
| O’Leary |
| Souris |
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 EastLink.
- Date modified: