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Ottawa, 18 May 2012

File No.: 8740-T66-201205170

BY E-MAIL

Mr. Hal Reirson
Senior Regulatory Advisor
TELUS Communications Company
30-10020-100 Street NW
Edmonton, Alberta
T5J 0N5
hal.reirson@telus.com

RE: Tariff Notice 430 – Closing file

Dear Mr. Reirson:

On 1 May 2012, the Commission received an application by TELUS Communications Company (TCC), under Tariff Notice 430, (TN 430), in which the company proposed rate increases for certain services in its business services basket and other capped services basket to comply with Price cap framework for large incumbent local exchange carriers, Telecom Decision CRTC 2007-27, 30 April 2007. TCC filed its application as a group A filing.
Commission staff notes that paragraph 22(2) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) sets out the information that applicants must include in their applications, and that paragraph 59 of the Rules of Procedure specifies the procedural requirements established for the approval of a tariff or an agreement. Further, paragraph 8 of the Rules of Procedure provides that the Commission may return an application or close a file that does not meet these requirements.
Commission staff also notes that pursuant to Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Information Bulletin 2010-455), under group A tariff filings, the applicant is required to file changes to previously approved rates for retail services where the revised rates must meet the Commission’s price cap or price regulation rules and the price floor test, as applicable.
Commission staff notes that, in TN 430, TCC proposed changes to Item 216 entitled ‘’Pay Telephone Access Line service’’. Commission staff further notes that this service is a carrier access service and not part of the business services or other capped services baskets as identified in Follow-up to Regulatory framework for second price cap period, Telecom Decision CRTC 2002-34 - Service basket assignment, Telecom decision 2003-11, 18 March 2003. Commission staff considers that this service is a competitor service and should be filed as such consistent with the filing requirements specified in Information Bulletin CRTC 2010-455.

Additionally, Commission staff notes that in TN 430 the company provided a price floor test for its retail OCN services in Tables 1 and 2 of Attachment 1. Commission staff notes that consistent with the company’s Regulatory Economic Manual and Telecom Information Bulletin CRTC 2010-455 the company should provide a price floor test for the OCN services for each rate band, as applicable, or certify that the price floor test is met for each rate band.
In light of the above, this file is closed.
The company may submit two new applications; a group A tariff filing for the retail services and a competitor tariff filling to address the above-mentioned concerns. Applications must be presented in the form of new Tariff Notices.

Yours sincerely,

Original signed by:

Michel Murray
Director, Decision and Operations

c.c: Imen Arfaoui, CRTC (819) 997-4663, imen.arfaoui@crtc.gc.ca

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