ARCHIVED - Letter
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Our reference: 8638-C12-201305673
BY EMAIL
Mr. Dallas Yeulett
Senior Manager, Regulatory Compliance
Northwestel Inc.
P.O. Box 2727
301 Lambert Street
Whitehorse, Yukon Y1A 4Y4
regulatoryaffairs@nwtel.ca
RE: 800 Service Origination Agreement between Northwestel and Primus
Dear Mr. Yeulett,
On 27 July 2011, the Commission received an application from Northwestel Inc. (Northwestel), subsequently revised 1 August 2011, requesting approval pursuant to section 29 of the Telecommunications Act (the Act) for an 800 service origination agreement that had been executed between itself and Primus Telecommunications Canada Inc. (Primus) in May 2007.
In Northwestel Inc. – Interconnection and Service Agreements, Telecom Order 2012-151, 14 March 2012, the Commission, among other things, found that this agreement did not fall under section 29 of the Act as Primus was a reseller, not a carrier. Accordingly, the Commission closed the associated file.
On 15 February 2013, in TELUS Communications Company v. Northwestel Inc., 2013 FCA 44, the Federal Court of Appeal (FCA) referred this matter back to the CRTC for a determination of whether section 25 of the Act should apply to the amounts paid under this agreement.
In a letter dated 27 February 2013, TELUS Communications Company requested, in light of the FCA judgement, that the Commission direct Northwestel to file a tariff
pursuant to section 25 of the Act for the provision of transport and access tandem services in Northwestel’s western and eastern areas.
Paragraph 28(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may request parties to file information or documents where needed.
In light of the above, Northwestel is requested to provide comprehensive answers, including rationale and any supporting information, to the attached questions by 18 April 2013.
Yours sincerely,
Michel Murray
Director, Regulatory Implementation
Telecommunications
c.c.: Christopher K. Hickey, Primus Telecommunications Canada Inc. (regulatory@primustel.ca)
Ted Woodhead, TELUS Communications Company
(regulatory.affairs@telus.com)
ATTACHMENT
Request for information
1. Identify the services, including rates, terms and conditions, currently provided by Northwestel to Primus as well as the regulatory provisions pursuant to which such services are being provided.
2. Confirm whether the service arrangement that was the subject of the above-mentioned 800 service origination agreement, dated May 2007, between Northwestel and Primus is still in effect today.
3. Describe any changes that may have taken place to the service arrangement from when the agreement was submitted in 2011 for the Commission’s approval. In responding, identify any changes in services, rates, parties involved, etc.
4. Considering the services that were the subject of the agreement between Northwestel and Primus, specify whether Northwestel is providing the same or similar services to any other telecommunications service provider who is not a carrier. If so, please identify the affected service providers and the exact nature of the arrangements involved.
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