ARCHIVED - Telecom Order CRTC 2013-576
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Ottawa, 30 October 2013
Bell Canada – Customer Specific Information
File number: Tariff Notice 929 (NST)
1. The Commission received an application from Bell Canada, dated 5 September 2013, in which the company proposed revisions to National Services Tariff (NST) item 722.17 – Customer Specific Information.
2. Bell Canada’s proposed revisions reflect the extension of the existing agreement, which expired on 31 July 2013, through to 31 July 2015, as well the replacement of the previous port demand surcharge with billing based on 2,600 ports throughout the extension period. Further, Bell Canada requested that the Commission ratify the rates and charges for the service for the period 1 August 2013 to the effective date of the proposed tariff changes. In this regard, Bell Canada noted that it was negotiating with the customer and its third-party supplier for continuation of the service at the time the existing agreement expired.[1] The company also noted that the customer had agreed to the proposed revisions to this tariff item.
3. In Telecom Order CRTC 2013-510, 24 September 2013, the Commission approved Bell Canada’s application on an interim basis and noted that it would address the ratification request in a subsequent order.
4. The Commission received no interventions with respect to this application. The public record of this proceeding, which closed on 7 October 2013, 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, pursuant to subsection 25(4) of the Telecommunications Act, it may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if it is satisfied that the rate was charged because of an error or other circumstance that warrants the ratification.
6. The Commission notes that, while the service in question was off-tariff for a period of time, Bell Canada was negotiating with the affected customer and its third-party supplier at the time the previous agreement expired. Under the circumstances, the Commission is satisfied that Bell Canada’s charging of a rate in the absence of an approved tariff was justified and considers that the company’s request for ratification is reasonable.
7. The Commission, however, encourages Bell Canada to make every effort to complete future renegotiations of customer arrangements prior to their expiration in order to minimize the need for ratification.
8. Accordingly, the Commission approves on a final basis Bell Canada’s application. As such, the Commission ratifies the charging of rates for Customer Specific Information from 1 August to 24 September 2013. Bell Canada is to issue[2] revised tariff pages reflecting the determinations set out in this order within 10 days of the date of this order.
Secretary General
[1] In its application, Bell Canada indicated that it had recently concluded an agreement for an extended contract period with its customer for the service in question.
[2] Revised tariff pages can be submitted to the Commission without a description page or a request for approval; a tariff application is not required.
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