ARCHIVED - Letter

Ottawa, 25 February 2011

File No.: 8740-T66-201018565

BY E-MAIL

Mr. Hal Reirson
Senior Regulatory Advisor
Telecom Policy & Regulatory Affairs
TELUS Communications Company
21-10020-100 Street NW
Edmonton, Alberta
T5J 0N5
hal.reirson@telus.com

RE: Tariff notice 402 – Enhanced Community Notification Service – Information Service

Dear Mr. Reirson:

On 17 December 2010, the Commission received an application by TELUS Communications Company (TCC), under cover of Tariff Notice (TN) 402, in which the company proposed the introduction of Enhanced CNS – Information Service.

In Telecom Decision CRTC 2007-13, Use of E9-1-1 information for the purpose of providing an enhanced community notification service, 28 February 2007 (Telecom Decision 2007-13), the Commission determined that it was in the public interest to allow incumbent local exchange carriers (ILECs) to provide enhanced 9-1-1 (E9-1-1) information for a telephone-based community notification service (CNS), subject to limitations to its circumstances of use, with appropriate safeguards, notification requirements and other constraints.

Commission staff has reviewed TCC TN 402 and considers that changes are needed to comply with the Commission’s determinations set out in Telecom Decision 2007-13. Accordingly, TCC is requested to amend its TN 402 to include the following changes.

In its proposed Enhanced CNS – Information Service tariff pages, TCC is to

a) modify the wording of item 218.3.15 to specify that the public authority must designate to the ILEC the authorized individuals who will be permitted access to E9-1-1 information, as outlined in paragraph 95 of Telecom Decision 2007-13;
b) include the limitations of liability outlined in paragraphs 234 and 236 of Telecom Decision 2007-13 stipulating that

i. the ILEC should not be held liable for implementation decisions made by other parties;
ii. the ILEC would be indemnify in the event of a claim by a third party against the ILEC arising out of any breach of an enhanced CNS agreement by the public authority; and
iii. the ILEC would indemnify the public authority in the event of a claim arising out of a breach of the agreement by the ILEC.

In its proposed enhanced CNS agreement, TCC is to:

a) include the public authority mandate and the description of its responsibilities, as outlined in paragraph 65 of Decision 2007-13;
b) modify the wording of item 8.2 to specify that only the authorised individuals designed by the public authority to the ILEC are permitted to access to E9-1-1 information, as outlined in paragraph 95 of Telecom Decision 2007-13;
c) include the following provisions, as outlined in paragraphs 99, 102, 106, and 109 of Telecom Decision 2007-13:

i. the public authority, authorized administrators and CNS providers must agree contractually that E9-1-1 information provided by the ILEC may only be used in response to the specific enhanced CNS alert that required the use or disclosure of such information;
ii. E9-1-1 information provided by the ILEC must be deleted or destroyed by the public authority, authorized administrator and CNS provider once notification related to a specific emergency has been completed;
iii. ILECs are required to suspend or terminate the use or disclosure of information from their E9-1-1 databases to the public authority, authorized administrators and CNS providers in the event that the Commission finds that the enhanced CNS is being misused or used in a manner that is inconsistent with the Commission's safeguards and that suspension or termination of enhanced CNS is in the public interest;
iv. the public authority, authorized administrators and CNS providers must sign non-disclosure agreements with the ILEC and may not disclose E9-1-1 information obtained pursuant to an enhanced CNS alert to any other party without Commission consent;
v. E9-1-1 information supplied by the ILEC may not be enriched with additional personal information;
vi. information may be enriched with supplemental geographic information for the purpose of improving enhanced CNS delivery; and

d) add an item requiring the public authority to meet the requirements reflected in paragraphs 158 and 159 of Telecom Decision 2007-13.

In addition, Commission staff notes that, in Telecom Decision 2007-13, the Commission directed the local exchange carriers (LECs) to file for approval, prior to the implementation of enhanced CNS, modifications to their Terms of Service, customer contracts, agreements and other arrangements, to include an exception to the disclosure rules regarding confidential customer information for the provision of enhanced CNS. The Commission also directed LECs to modify their tariffs for unlisted number service in order to reflect the emergency exception to the confidentiality provisions for enhanced CNS. Accordingly, TCC is also requested to file revised tariff pages, for Commission approval, to address these modifications.

Should you have any questions regarding the requested changes, please contact Sylvie Labbé at (819) 953-4945.

Yours sincerely,

‘Original signed by Nancy Webster Cole’ (for)

Suzanne Bédard
Senior Manager, Tariffs
Telecommunications

cc: Sylvie Labbé, CRTC, (819) 953-4945, sylvie.labbe@crtc.gc.ca

Date modified:

2011-02-25