ARCHIVED - Letter
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Our reference: 8662-G49-201214030
Ottawa, 4 December 2012
By Email
Mr. Max May
GATPE Services
P.O. Box 47501 Plateau Mt-Royal Branch
Montreal, Quebec H2H 2S8
max.may@hec.ca
RE: Application to review and vary of Telecom Decision 2012-424
Dear Mr. May:
On 1 November 2012, GATPE Services (Miniphone.ca) filed an application with the Commission to review and vary GATPE Services, operating as Miniphone.ca – Application requesting that certain telecommunications service providers cease offering free local VoIP telephone services in Montréal, Telecom Decision 2012-424, 6 August 2012 (Telecom Decision 2012-424).
In its application, Miniphone.ca alleges that the Commission failed to consider a basic principle which was raised in the original proceeding, namely that the Commission’s determinations in Telecom Decision 97-81 regarding forbearance for competitive local exchange carriers (CLECs) should have been re-examined subsequent to the Commission’s local forbearance decisions for incumbent local exchange carriers (ILECs).2
First, Commission staff notes that the determinations in Telecom Decision 2012-424 were unanimously made by a quorum of Commissioners. Second, Commission staff notes that all elements and principles on the record in the original application were fully considered by the Commission in rendering its decision in Telecom Decision 2012-424. In order for the Commission’s decisions to be as clear and concise as possible, however, all arguments raised by the parties to a proceeding are not normally summarized in every decision.
In its application, Miniphone.ca also requests that the Commission “publish for public inspection” the Bell Digital Voice Lite minimum rate, as mandated by Telecom Decision 2006-11.3 For your information, in Access-independent VoIP services pursuant to Order in Council P.C. 2006-1314, Telecom Circular CRTC 2006-10, 16 November 2006, the Commission noted that by virtue of Order in Council 2006-1314, the tariffs previously approved by the Commission for Bell Digital Voice Lite were no longer of any force or effect to the extent specified in the Order in Council P.C. 2006-1314.
In view of the above, your review and vary application is being returned with this letter, thereby closing the file.
Yours sincerely,
Original signed by:
Chris Seidl
Executive Director
Telecommunications
.c.: John Stix, regulatory@fibernetics.ca
[1] Local competition, 1 May 1997, Telecom Decision CRTC 97-8
[2] Starting with Forbearance from the regulation of retail local exchange services, Telecom Decision CRTC 2006-15, 6 April 2006, as amended by the Governor in Council's Order Varying Telecom Decision CRTC 2006-15, P.C. 2007-532, 4 April 2007, and including specific ILEC decisions such as Bell Canada - Applications for forbearance from the regulation of residential local exchange services, 3 August 2007, Telecom Decision CRTC 2007-65.
[3] Bell Digital Voice Service, 9 March 2006, Telecom Decision CRTC 2006-11
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