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Ottawa, 26 August 2011
File Nos.: 8740-E17-201111856
8740-B58-201111864
BY E-MAIL
Ms. Lori MacLean
Regulatory Co-ordinator
Eastlink
6080 Young St., Suite 801
Halifax, Nova Scotia B3K 5M3
lori.maclean@corp.eastlink.ca
RE: EastLink Tariff Notice 31 and Bluewater TV Cable Tariff Notice 6
Madam,
On 12 August 2011, the Commission received the above noted tariff notices submitted by EastLink on behalf of itself and Bluewater TV Cable requesting approval to introduce a Labour Rate Charge to CRTC 212790 EastLink General Tariff and to CRTC 21680 Bluewater TV Cable General Tariff.
Section 28(1) (a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may request parties to file information, particulars or documents where needed.
The company is requested to provide comprehensive answers, including rationale and any supporting information, to the attached questions within 5 business days of the date of this letter. The company’s response must be received by that date, not merely sent.
In light of the Commission’s request for information, this application, along with all associated subsequent revisions, will not be approved on an interim basis on the 15th day of their receipt. Additionally, the comment period for this application is extended to 13 September 2011 with the corresponding reply period extended to 20 September 2011.
Yours sincerely,
Original signed by:
Suzanne Bédard
Senior Manager, Tariffs
cc: Nancy Webster Cole, CRTC, (819) 934-6377, nancy.webstercole@crtc.gc.ca
EastLink Tariff Notice 31 and Bluewater TV Cable Tariff Notice 6
Request for information
Commission staff notes that in Local Competition, Telecom Decision CRTC 97-8, 1 May 1997, as clarified in Microcell's tariff application to provide local services, Telecom Order CRTC 99-1127, 8 December 1999, and as stated in version 3 of the Competitive Local Exchange Carrier Model Tariff User’s Guide:
Tariffs for interconnection by interexchange service providers (“IXSPs”) and WSPs are required to be “equivalent to the terms and conditions contained in the Incumbent Local Exchange Carriers’ (“ILECs”) tariffs”. The Commission has clarified that this include rates that are equal to or below those approved for the ILEC operating in the relevant geographic area (see for example Telecom Order CRTC 99-1127). Any departure from such terms and conditions must be justified.
1. Eastlink is to provide for each tariff application (EastLink TN 31 and Bluewater TV Cable TN 6:
a) Which of its operating territories the labour charges will be applicable to; and,
b) A cost study for the each of the proposed labour charges, or alternatively a reference to the specific ILEC tariff item EastLink proposes to use for the applicable territory. The information about the specific ILEC tariff item should include the tariff number, date of approval and order number if applicable.
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