ARCHIVED - Telecom Order CRTC 2013-107

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Ottawa, 6 March 2013

ISP Telecom Inc. – Ratification of local service request rejection charge

File number: Tariff Notice 15

1. The Commission received an application from ISP Telecom Inc. (ISP Telecom), dated 26 November 2012, in which the company requested the ratification of its local service request (LSR) rejection charge for the period of 1 January to 28 September 2012 (the relevant period).

2. ISP Telecom indicated that it was making the ratification request pursuant to subsection 25(4) of the Telecommunications Act, which states in part

(4) Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate

(a) was charged because of an error or other circumstance that warrants the ratification.

3. The company submitted that it had charged rates otherwise than in accordance with a tariff approved by the Commission due to errors on its part.

4. The Commission did not receive any comments regarding ISP Telecom’s application. The public record of this proceeding, which closed on 12 December 2012, is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings” or by using the file number provided above.

5. The Commission notes that ISP Telecom indicated during the proceeding that the LSR rejection charges it applied during the relevant period were consistent with the charges approved in Telecom Order 2009-805. In this regard, the Commission also notes that ISP Telecom provided a list of companies on which it had imposed LSR rejection charges during the relevant period, and indicated that it had not received any payments from these companies to date.

6. The Commission notes that Telecom Order 2009-805 allowed Bell Aliant Regional Communications, Limited Partnership and Bell Canada (collectively, the Bell companies), both of which provide competitors with access to their Operational Support Systems, to apply LSR rejection charges. However, the Commission notes that Telecom Order 2009-805 was only applicable to the Bell companies and, as such, did not authorize ISP Telecom to impose an LSR rejection charge.1

7. Accordingly, the Commission denies ISP Telecom’s request to have its LSR rejection charge ratified for the relevant period.

Secretary General

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Footnote:

[1] Telecom Regulatory Policy 2012-523 expanded the right to impose LSR rejection charges on companies other than the Bell companies. In Telecom Order 2013-11, the Commission approved on a final basis proposed tariff pages from ISP Telecom providing for the application of an LSR rejection charge.

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