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Ottawa, 22 November 2012

File Nos.: 8740-N51-201214121
8740-N51-201214139

BY E-MAIL

Mr. Michel Gilbert
Director, Regulatory Affairs
NorthernTel Limited Partnership
Regulatory Affairs
87 Ontario W.
Montreal, Quebec
H2X 1Y8
mgilbert@telebec.com

RE: Tariff Notices 344 and 345 – Closing Files

Dear Sir:

On 6 November 2012, the Commission received two applications by NorthernTel Limited Partnership (NorthernTel or the Company), under Tariff Notices (TNs) 344 and 345, in which the company proposed rate increases to two existing service bundles. The first application concerns a proposed monthly increase of $1.00 for a discounted package of calling features, and the second a proposed monthly increase of $2.00 for a bundle of residential primary exchange service (PES), tariffed features and other non-tariffed services. Both bundles are assigned to the Fourth Basket of the price cap regulatory framework for small incumbent local exchange carriers.

NorthernTel stated that both applications complied with Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Information Bulletin 2010-455), for Group A filings.

Commission staff notes that paragraph 22(2) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules) sets out the information that applicants must include in their applications, and paragraph 59 of the Rules specifies the procedural requirements established for the approval of a tariff or an agreement. Paragraph 8 of the Rules provides that the Commission may return an application or close a file that does not meet these requirements.

Commission staff notes that pursuant to Revised regulatory framework for the small incumbent local exchange carriers, CRTC Telecom Decision 2006-14, 29 March 2006, rates for service in the Fourth Basket are generally allowed to increase up to any already approved rate for the same service. For proposed rate increases beyond previously approved rates, an economic study must accompany the application.

With regard to TNs 344 and 345, the proposed applications are not consistent with the requirement to either point to another bundle of the same services or file an economic study. Accordingly, NorthernTel’s applications do not comply with the Commission’s requirements for group A tariff filings.

In light of the above, these two files are closed.

NorthernTel may submit new applications addressing the above-mentioned concerns. The applications must be presented in the form of new Tariff Notices.

Yours sincerely,

‘Original signed by M. Murray

Michel Murray
Director, Regulatory Implementation
Telecommunications

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

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