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Ottawa, 15 July 2013

Our reference: 8740-E17-201309691

BY EMAIL

Ms. Lori MacLean
Regulatory Coordinator
Eastlink
6080 Young Street, Suite 801
Halifax, Nova Scotia B3K 5M3
lori.maclean@corp.eastlink.ca
regulatory.matters@corp.eastlink.ca

Re: Eastlink Tariff Notice 33 – Port-out Cancellation Charge

Dear Ms. MacLean:

On 5 July 2013, the Commission received the above-mentioned tariff notice submitted by Eastlink, in which the company proposed to amend references to the port-out cancellation charge in its General Tariff. The company stated that its tariff currently references Bell Canada’s and Bell Aliant’s previously tariffed rates for port-out cancellation but that, at present, the Bell companies do not have a valid tariffed rate. Eastlink therefore proposed an amended tariff page with references to the port-out cancellation rate approved for TELUS Communications Company in Telecom Order CRTC 2010-736.

The company submitted that its application was a Group A retail tariff filing in accordance with Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Information Bulletin 2010-455).

Commission staff considers that the application does not meet the definition of a Group A retail tariff filing as indicated in Information Bulletin 2010-455. At paragraph 6 of Information Bulletin 2010-455, it is stated that all CLEC tariff filings are to be filed as Group B filings. The Commission will therefore process this application as a Group B retail tariff filing rather than close the file and require the company to refile it as a new application.

Accordingly, the application will not receive interim approval on the 15th calendar day after it was received. However, the Commission intends to dispose of this application, along with all associated subsequent revisions, within 45 business days of receipt of the filing.

Eastlink is also requested to respond to the following question by 19 July 2013.

Yours sincerely,

Original signed by

Michel Murray
Director, Regulatory Implementation
Telecommunications

c.c.: Joanne Baldassi,CRTC, 819-997-3498, joanne.baldassi@crtc.gc.ca

Attachment (1)

Question:

Commission staff notes that, in its application, Eastlink submitted that TELUS is an ILEC in certain areas of Eastlink’s CLEC territory and that Eastlink will apply this CRTC-approved rate in all of Eastlink’s operating territories. Commission staff further notes that Bell Canada does have a tariff for port-out cancellation charge under item 115 of its Access Services Tariff, CRTC 7516. In light of this, identify whether Bell Canada is an ILEC in certain areas of Eastlink’s CLEC territory in Ontario and Quebec and, if so, justify why Eastlink should not apply the Bell Canada port-out cancellation rate in these areas.

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