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Ottawa, 9 February 2012

Our reference: 8740-H3-201201433

By E-mail

Ms. Angela M. Schnider
General Manager
Hay Communications Co-operative Limited
72863 Blind Line
Zurich, Ontario
N0M 2T0

RE:   Tariff Notice 30 – Access Services Tariff

Dear Madam:

On 3 February 2012, the Commission received the above-mentioned tariff notice submitted by Hay Communications Co-operative Limited (Hay).  In its application, Hay indicated that the proposed tariff reflects services requested by EastLink to enter Hay’s serving territory as a competitive local exchange carrier. The company submitted that its application was a Group B retail tariff filing pursuant to Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Information Bulletin 2010-455).

Commission staff has reviewed Hay’s application and considers that some modifications to the proposed tariff are required, as set out below.

At the beginning of its proposed tariff, Hay included the following note:

Because the Commission has forborne, in Telecom Regulatory Policy CRTC 2009-19, with respect to the regulation of this service as set out in that decision, Hay may also provide the services in this tariff at rates and on terms different from the tariffed rates and terms pursuant to an agreement entered into between Hay and a competitor that has been filed with the Commission for the public record.

Commission staff notes that Telecom Regulatory Policy 2009-19[1] amended aspects of Telecom Decision 2008-17,[2] which set out the restructured regulatory framework for wholesale services. Commission staff also notes that these decisions do not apply to small incumbent local exchange carriers.  Accordingly, Commission staff considers that this note should be removed.

Hay also indicated, in its proposed tariff, that responsibility for inside wire would be transferred to the local exchange carrier (LEC) serving the customer.  Commission staff notes that in Telecom Decision 2012-47, in which the Commission set out its determinations regarding Hay’s implementation plan for local competition for EastLink,[3] the Commission found that it would not be appropriate to transfer responsibility for inside wire based on which company serves the customer.  Accordingly, Commission staff considers that the provision regarding the transfer of responsibility for inside wire in Hay’s proposed tariff should be removed.

Commission staff also notes that Hay included provisions regarding the treatment of imbalance traffic compensation that only apply in the operating territories of Bell Canada and Bell Aliant Regional Communications, Limited Partnership pursuant to Telecom Decision 2010-787.  Accordingly, Commission staff considers that these provisions should be removed from Hay’s proposed tariff.

In light of the above, Commission staff requests Hay to file an amended application which includes the changes described in the appendix to this letter by 16 February 2012.

In addition, Commission staff considers that this application does not meet the definition of a Group B retail tariff filing as indicated in Information Bulletin 2010-455 as it does not deal with services provided to retail customers, but with services that would be provided only to competitors.  For purposes of efficiency, the Commission will process this application as a Competitor tariff filing rather than close the file and require the company to re-file it as a new application.

Accordingly, the application will follow the procedures described in Information Bulletin 2010-455 for Competitor tariffs:

- Interested parties may file interventions within 30 calendar days of the filing date of an application; and

- the applicant may file reply comments within 10 calendar days of the deadline for filing interventions.

Yours sincerely,

‘Original signed by S. Bédard’

Suzanne Bédard
Senior Manager, Tariffs

cc: Sylvie Labbé, CRTC  (819) 953-4945,

APPENDIX (attached)

Requested changes to Hay’s proposed tariff

Hay is to make the following changes to it proposed tariff:

[1] Bell Canada et al.'s application to review and vary Telecom Decision 2008-17 with respect to negotiated agreements, Telecom Regulatory Policy CRTC 2009-19, 19 January 2009

[2] Revised regulatory framework for wholesale services and definition of essential service, Telecom Decision CRTC 2008-17, 3 March 2008

[3] Hay Communications Co-operative Limited – Implementation of local competition for Bragg Communications Inc., operating as EastLink, Telecom Decision CRTC 2012-38, 24 January 2012

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