ARCHIVED - Letter
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Ottawa, 1 November 2013
Our Reference: 8640-O2-201309815
BY EMAIL
Robert Olenick
Regulatory analyst
TBayTel
1046 Lithium Drive
Thunder Bay, Ontario P7B 6G3
rob.olenick@tbaytel.com
RE: Request from small incumbent local exchange carriers for forbearance from the regulation of retail directory assistance services
In a letter dated 21 October 2013, the Commission issued interrogatories in the above-noted proceeding. The Commission also encouraged TBayTel, among others, to file an application for forbearance from the regulation of their retail directory assistance (DA) services, noting that it would be beneficial to consider forbearance from the regulation of retail DA services provided by all of the small incumbent local exchange carriers (ILECs) in one proceeding.
By letter dated 22 October 2013, TBayTel indicated that filing an application for forbearance from the regulation of its retail DA services was unnecessary because these services were already forborne as a result of Commission determinations made in Telecom Regulatory Policy 2011-291 [1].
TBayTel noted that in Telecom Regulatory Policy 2011-291, the Commission eliminated the basic service objective for forborne exchanges, and that access to operator/directory assistance services was part of the basic service objective. TBayTel was of the view that since the Commission had granted it forbearance from the regulation of residential and business local exchange services, the basic service objective was eliminated in its territory, and retail DA services were forborne as a result.
Commission staff notes that the Commission has not forborne from the regulation of TBayTel’s retail DA services. While in Telecom Decisions 2009-597 [2] and 2012-219 [3] the Commission forbore from certain TBayTel local exchange services, it did not identify retail DA as one of these services. Furthermore, retail DA services were not identified in Telecom Decision 2005-35[4], which lists the services that can be included within the scope of a proceeding on forbearance from the regulation of local exchange services. Finally, TBayTel’s General Tariff still contains approved tariff pages setting out the terms and conditions for these services.
In light of the above, Commission staff would like to reiterate that it would be beneficial to consider all applications for forbearance from the regulation of the small ILECs’ retail DA services in the same proceeding. Accordingly, should TBayTel’s application be received by 8 November 2013, it will be considered at the same time as the 5 July 2013 application.
Yours sincerely
Original signed by
Mario Bertrand
Director, Dispute Resolution
Telecommunications
cc: Serge Desy, ACTQ, sdesy@actq.qc.ca
Jonathan Holmes, ITPA, jonathan.holmes@itpa.ca
Michel Gilbert, Northern Tel, DMTS and KMTS, mgilbert@telebec.com
Lori MacLean, Eastlink (Amtelecom and People’s), lori.maclean@corp.Eastlink.ca
Public Interest Advocacy Centre as counsel for Consumers’ Association of Canada and National Anti-Poverty Organization, piac@piac.ca
Union des consommateurs, union@consommateur.qc.ca
Danny Moreau, CRTC, danny.moreau@crtc.gc.ca
[1] Obligation to serve and other matters, Telecom Regulatory Policy CRTC 2011-291, 3 May 2011, as amended by Telecom Regulatory Policy CRTC 2011-291-1, 12 May 2011.
[2] TBayTel - Application for forbearance from the regulation of residential local exchange services, Telecom Decision CRTC 2009-597, 25 September 2009.
[3] Telecom Decision CRTC 2012-219, TBayTel – Application for forbearance from the regulation of business local exchange services, Telecom Decision CRTC 2012-219, 13 April 2012.
[4] List of services within the scope of the proceeding on forbearance from the regulation of local exchange services, Telecom Decision CRTC 2005-35, 15 June 2005, as amended by Telecom Decision CRTC 2005-35-1, 14 July 2005.
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