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Ottawa, November 19, 2013

Our reference: 8663-C12-201015470

BY EMAIL

To: Distribution list

Re: Obligations of local VoIP service providers with respect to 9-1-1 emergency service and registration with the Commission

Dear Madam/Sir,

In light of the importance of 9-1-1 emergency service to the Canadian public, the Commission is working to ensure that local Voice over Internet Protocol (VoIP) service providers in Canada adhere to their obligations related to the provision of 9-1-1 service.[1]
These obligations, which are described below, are to provide 9-1-1 service, to inform customers of any limitations in the provision of 9-1-1 service, and to register with the Commission.

The Commission is currently contacting companies registered with it as resellers or as basic international telecommunications licensees to determine whether they provide local VoIP service and, if so, whether they do so in compliance with the 9-1-1 obligations.

As such, your company is required to respond to the request for information below.

9-1-1 obligations

1. Provide 9-1-1 emergency service

In Emergency service obligations for local VoIP service providers, Telecom Decision CRTC 2005-21, 4 April 2005 (Telecom Decision 2005-21), the Commission mandated
all local VoIP service providers to provide 9-1-1 service to their customers.

2. Provide VoIP 9-1-1 emergency service customer notifications

In Telecom Decision 2005-21, the Commission also mandated local VoIP service providers to notify their customers, and potential customers, of any service limitations with respect to their 9-1-1 or Enhanced 9-1-1 (E9-1-1) service before service commencement, and to provide ongoing customer notification during service provision. This information is to be made available through all of the following: marketing material used for television, radio, and printed media; terms and conditions of service; online material; customer service representatives; starter kits; warning stickers affixed to telephone sets; and billing inserts.

Commission staff has included, as an attachment to this letter, suggested wording for the required VoIP 9-1-1 emergency service customer notification. This wording is provided as an example only; it must be amended as appropriate to reflect the name and specific service offerings of each local VoIP service provider. The final text must be submitted to the Commission for approval.

In Telecom Decision 2005-21, the Commission determined that the company has to obtain, prior to commencement of service, the customer’s express consent, by which the customer acknowledges his/her understanding of the 9-1-1/E9-1-1 service limitations.[2]

In Bell Aliant Regional Communications, Limited Partnership – Application regarding notification and express consent requirements for 9-1-1 services and their applicability to fixed/native VoIP services, Telecom Decision CRTC 2011-619, 26 September 2011 (Telecom Decision 2011-619), the Commission determined that the requirements for local VoIP service providers to notify customers of the limitations of their 9-1-1 service and obtain customers’ express consent that they understand those limitations, set out in Telecom Decision 2005-21 and Follow-up to Emergency service obligations for local VoIP service providers, Decision 2005-21, Telecom Decision CRTC 2005-61, 20 October 2005 (Telecom Decision 2005-61), do not apply to fixed/native VoIP services. Thus, these customer notification requirements only apply if your company provides fixed/non-native and nomadic VoIP services.

3. Register with the Commission

In Regulatory framework for voice communication services using Internet Protocol, Telecom Decision CRTC 2005-28, 12 May 2005 (Telecom Decision 2005-28), the Commission directed that, as a condition of obtaining services from a local exchange carrier (LEC) or another telecommunications service provider, local VoIP service providers that were not operating as LECs were to register with the Commission as resellers. The Commission also directed that local VoIP service providers operating their own facilities are required to register as competitive local exchange carriers.

Details on the 9-1-1 obligations applicable to local VoIP service providers are included in the Appendix.

If your company is a local VoIP service provider operating in Canada

If your company provides local VoIP services in Canada, or will provide these services in the near future, please provide the following information, by 10 December 2013.

1) Confirmation that your company is providing 9-1-1 service in accordance with Telecom Decision 2005-21.

a) If so,

i) Indicate the 9-1-1 answering bureau that the company uses.

ii) Indicate the LEC or reseller from which the company obtains its customers’ telephone numbers and other network services that enable it to offer local VoIP services.

Contact names, telephone numbers, and email addresses are to be provided for each company identified.

iii) Confirm that the company obtains, prior to commencement of service, the customer’s express consent, by which the customer acknowledges his/her understanding of the 9-1-1/E9-1-1 service limitations and indicate the method by which express consent is obtained (see footnote 2 in previous page).

iv) Confirm that the company ensures that customers are able to update their most likely physical address online.

b) If not, provide a detailed plan and a timetable for the provision of 9-1-1 service to Canadian customers.

c) If your company is an existing local VoIP service provider, indicate the number of customer lines served, broken down by access-dependent and access-independent (i.e. fixed vs. nomadic VoIP).

d) Confirm whether your company owns and operates its own transmission facilities in Canada.

e) Provide your company’s legal name, business registration number, and the jurisdiction in which your company is registered.

2) The following documentation for review and approval by the Commission if your company is providing fixed/non-native or nomadic VoIP services:

a) a copy of the mandatory 9-1-1 emergency service customer notification texts;

b) a copy of the company’s limitations of liability with respect to VoIP 9-1-1 service;

c) a mockup of the company’s website, showing both the content referred to in 2)a) and 2)b) above and the links to that content. Upon Commission approval of the customer notification texts, the links are expected to become active online within five business days; and

d) a copy of the proposed telephone warning set sticker, or the text that would appear on the sticker, which indicates (i) that when making 9-1-1 calls, customers must be prepared to provide their present address/location, and (ii) where to find additional information.

3) Confirmation that your company

a) is registered with the Commission as a reseller or, if owning facilities, as a competitive local exchange carrier (CLEC)

Companies that are registered as non-dominant carriers and that provide local VoIP services are required to register as CLECs.

b) has obtained a Basic International Telecommunications Services (BITS) licence.

c) if registered and has a BITS licence, is up to date with all ongoing regulatory filings to maintain the BITS licence and registration. Failure to keep current on ongoing regulatory filings will cause deregistration and loss of the BITS licence.

Companies that are not yet registered can find guidelines on how to do so at http://www.crtc.gc.ca/eng/comm/telecom/registr.htm. Companies that do not have a BITS licence can get information on applying for this licence from http://www.crtc.gc.ca/eng/comm/telecom/international.htm. Companies can register either electronically or by using the DCS [Data Collection System] Contact Form at https://services.crtc.gc.ca/pub/SDC-Contact-DCS/, by telephone at 819-997-4597 or toll-free at 1-877-249-2782, by fax at 819-994-0218, or by email through cd-dc@crtc.gc.ca.

If your company is not a local VoIP service provider in Canada

If your company is not a local VoIP service provider, and is not planning to provide local VoIP services in the near future, it is still required to respond to this request for information. Simply specify which services your company is providing and explain how they do not constitute local VoIP services as defined above, by 3 December 2013.

Should the company plan to offer local VoIP services at a later date, it will have to comply with the above obligations and submit the requested information to the Commission.

Filing the information

A copy of this letter and all subsequent correspondence will be placed on the public record of the above-noted file. Your company may designate certain information contained in its response as confidential.[3]

Please note that failure to provide the information requested above may result in serious consequences. The Commission may issue a mandatory order, which can be registered with the Federal Court, and failure to comply with a decision registered with the Federal Court could result in contempt of court proceedings.[4] The Commission may also initiate proceedings for disconnection of your company’s services in Canada.

The information requested above can be submitted electronically through the Commission’s website at www.crtc.gc.ca. Click on “Telecommunications Sector,” then choose either “File a document using My CRTC Account” or “Submit a telecom-related document online.”

Submissions should be addressed to

John Traversy
Secretary General
Canadian Radio-television and Telecommunications Commission
Ottawa, Ontario
K1A 0N2

The subject of your response letter should be “[Name of Your Company] Obligations of local VoIP service providers with respect to 9-1-1 emergency service and registration with the Commission ‒ File No.: 8663-C12-201015470.”

Yours sincerely,

Original signed by

Michel Murray
Director, Regulatory Implementation
Telecommunications

c.c. : Dem Magmanlac, CRTC 819-953-6638, dem.magmanlac@crtc.gc.ca

Attach.(3)

Distribution List

VoIP 9-1-1 letter

19 November 2013

Company Name and Adress

Contact

AEBC Interne

B11-970 Burrad Street

Vancouver, BC V6Z 2R4

Tony Lum

President

TEL: 604-288-8388

FAX: 604-628-0747

tony@aebc.com

iReady.ca Communications, Inc. and

Digiphone.ca

B11-970 Burrard Street
Vancouver, BC V6Z 2R4

David Yu

Director

TEL: 604-247-1234

FAX: 604-207-0155

tony@aebc.com

Manitoba Hydro International Limited

(Manitoba Hydro Telecom, Manitoba Hydro Telecom Services )

211 Commerce Drive

Winnipeg, MB R3P 1A3

Murray A. Matiowsky

Managing Director

TEL:204-477-7989

FAX:204-292-9617
mamatiowsky@mht.mb.ca

Metropolitan Telecommunications of Canada, Inc. (MetTel )

55 Water St. - 31st Floor

United States

New York, New York 10041

Ralph Dichy

Director

TEL:212-607-6323

FAX:212-635-5074

rdichy@mettel.net

Netfox Communications

7241 Connell Rd.

Spencerville, ON K0E 1X0

Dave Stevens Owner

TEL:613-658-2511

FAX:866-864-9523
dave@netfox.ca

New Edge Network, Inc.

3000 Columbia House Blvd., Suite 106

United States

Vancouver, WA 98661

 

Penny H Bewick

Vice President-External Affairs - New Edge Networks

TEL:360-906-9775

FAX:360-737-0828
pbewick@newedgenetworks.com

NexGen Networks Corp.

Box 48 Suite 5300 TD Bank Tower

Suite 104

Toronto, ON M5K 1E6

Bram Abramson Associate, McCarthy Tétrault LLP (for)

TEL:416 601-8354

FAX:416-868-0673
babramson@mccarthy.ca

SwitchWorks Technologies Inc.

(SwitchWorks, WHIP )

20 Amber St. Unit 16

Markhom, ON L3R 5P4

Mike Manvell

TEL:905-947-1801 x1806

FAX:905-947-1802
mike.manvell@switchworks.com

Technologies des Telecommunications

51, rue Tardif

St-Etienne de Lauzon, QC G6J 1N7

Kevin Scallen PDG

TEL:418-496-0880
Kevin-scallen@tdti.ca

tw telecom holdings inc.

(tw telecom holdings inc. )

10475 Park Meadows Drive

Littleton, CO 80124

Tammy Chatfield Regulatory Affairs Senior Manager
tammy.chatfield@twtelecom.com

UBITY

4200 Boul. St-Laurent, Bureau 1005, Montreal, Quebec H2W 2R2

Alain de Blois

President and Owner

Fax: 514.907.3401

sales@ubity.com

Epsiton Communications Inc.

5975 Whittle Road

Mississauga, ON L4Z 4B7

Christopher du Carmur President & CEO

TEL:416-291-0330

FAX:416-291-0330
Christopher.ducarmur@epsitoncommunications.com

Fexim Co. Canada Inc.

5109 Steeles Ave West, Suite#330

Toronto, Ontario

M9L 2Y8 Canada

Farook Hossain Khan

President

president@feximco.com

 

FibreStream

312 Cooper St., Suite #7

Ottawa, ON K2P 0G7

 

Harvey Belfer

President

TEL:613-721-9763

FAX:613-233-0687
harvey@buildingtechnologies.com

FIDA COM Corp.

304-1294 Islington Avenue

Toronto, ON M9A 3K2

Fatmir Fida

President

TEL:416-829-7766

FAX:866-653-5134
Fatmir.fida@gloxtel.com

Le Groupe Mediom Inc.

(Mediom Internet )

2383 Chemin Ste Foy, #302

Québec, QC G1V 1T1

 

 

Richard Maheux

Président

TEL:418-640-7474

FAX:418-640-0515
richard.maheux@mediom.com

Travana Networks Ltd.

1550 Bedford Highway, SUITE 500

Bedford, NS B4A 1E6

TJ Adams P

resident

TEL:902-461-5138

FAX:902-446-3698
Tj.adams@travananetworks.com

Tri-M Communications, Inc.

(TMC Communications )

740 Florida Central Parkway

Suite 2028

United States

Longwood, Florida 32750

Mark Lammert

Attorney-In-Fact

TEL:407-260-1011

FAX:407-260-1033
trim@csilongwood.com

Unite Communications Corporation

P.O. Box 3122

Markham Industrial Park

Markham, ON L3R 6G5

Brian Presement

President

TEL:416-760-2888

FAX:416-760-2889

brianp@unite.ca

Urban Communications Inc.

4647 Hastings Street

Burnaby, BC V5C 2K6

L.E. Maerov

President

TEL:604-439-8545

FAX:604-320-1607
lemaerov@ubn.ca

Vaxstream Corporation

5111 Ancient Stone Avenue

Mississauga, ON L5M 8A8

Oqab Mohamed

TEL:416-907-0828 x102

FAX:416-342-1756
oqab@vaxstream.com

Virtutel Inc.

(Virtutel.ca )

15, rue des Agarics

Blainville, QC J7C 5E9   

Michael Gaudette President

TEL:514-907-0849 x705

FAX:514-907-9905
Michael.gaudette@virtutel.ca

Tamco Technologies of Canada Limited

6021 Yonge Street, Suite 412

Toronto, Ontario M2M 3W2

John Tamai

TEL:416-222-6018

info@tamcotec.com

Telizon Inc. (Simcoe CNTY Long Distance Corp.)

P.O. Box 627, Station Main

Barrie, Ontario L4M 4V1

Summer Shek and/or Arnold McAuley

sales@telizon.ca

amcauley@telizon.biz

 

 

Accutek Innovations Inc.

(ChoiceTel Networks )

 

14-1724 Quebec Avenue

Saskatoon, SK S7K 1V9

Kevin Pickett CEO

TEL:306-665-1232

FAX:306-975-7010
kpickett@accutek.ca

Acrobat Telecom Inc.

(Atalk.ca )

15 Wertheim Crt., Unit 107

Richmond Hill,ON L4B 3H7

Masoud Gharehgazlou President

TEL:905-370-9960

FAX:905-370-9996
info@acrobattelecom.com

2151883 Ontario Ltd.

605 Finch Avenue, West, #1922

Toronto, ON M2R 1P1

Aaron Shames

TEL:416-800-0825 x201
aaron@voipits.com

Corridor Communications Inc.

(CCI Wireless )

7640 8th Street NE

Calgary,  AB T2E 8X4

David Grixti

VP Business Development

TEL:403-250-8136

FAX:403-250-5644
Dave.grixti@corp.cciwireless.ca

Deltathree, Inc.

26 Avenue at Port Imperial, Suite 108

United States

West New York,  New Jersey, 07093

Peter Friedman General Counsel and Secretary

TEL:212-500-7705

FAX:011-972-2-649-1200
legal@deltathree.com

4544188 Canada Inc.

633 - 2348 Lucerne

Montreal, QC K2R 2J8

Jared Miller

TEL:514-326-9494

FAX:514-326-9494
regulatory@se-ara.net

Admetrics Call Tracking Inc.

(Admetrics Telecommunications, Admetrics Telecom )

909 Monashee Place

Kelowna, BC V1V 1J6

David Tarasenko

TEL:250-980-4201 x250

FAX:866-545-9366
David@admetrics.ca

Alliance Communication Group Inc.

(Alliance - Tac Telecom )

1400-1500- W Georgia St

Vancouver, BC V6G 2Z6

 

Hamed Arbabioon President

TEL:604-688-5050

FAX:604-688-5052
hamed@alliancecommunication.ca

Gold Line Telemanagement Inc.

300 Allstate Parkway

Markham,ONL3P 0P2

Frank Leung Senior Accounting Manager

TEL:905-709-3570 x2274
frankl@goldline.net

GT Global Telecom Corp

190 Main St. Suite 203

Unionville ON

L3R 2G9

 

Paul Quenneville

President and CEO

pquenneville@gtglobal.ca

 

KeyWest Networks (Canada) Inc.

5811 Cooney Road, Vancouver BC

V6X 3M1

Mew, David

Vice President, Finance

 

Benjamin Wong

TEL:   604-278-2778

FAX:  604-278-2793

iTeraTEL Communications

5600-100 King Street, West

Toronto ON

M5X 1C9

Hadi Maleki

President           

Hadi.maleki@iteraweb.com  

 

Le Neuvieme Bit Inc. (connexion.ca)

715, rue Cormier

Drummondville    QC

J2C 6P7

 

Serge Paquette

Vice-President

serge.paquette@9Bit.com

tony@aebc.com ; mamatiowsky@mht.mb.ca ; rdichy@mettel.net ; dave@netfox.ca ; pbewick@newedgenetworks.com ; babramson@mccarthy.ca ; mike.manvell@switchworks.com ; Kevin-scallen@tdti.ca ; tammy.chatfield@twtelecom.com ; Christopher.ducarmur@epsitoncommunications.com ; harvey@buildingtechnologies.com ; Fatmir.fida@gloxtel.com ; richard.maheux@mediom.com ; Tj.adams@travananetworks.com ; trim@csilongwood.com ; brianp@unite.ca ; lemaerov@ubn.ca ; oqab@vaxstream.com ; Michael.gaudette@virtutel.ca ; kpickett@accutek.ca ; info@acrobattelecom.com ; aaron@voipits.com ; Dave.grixti@corp.cciwireless.ca ; legal@deltathree.com ;
regulatory@se-ara.net ; David@admetrics.ca ; hamed@alliancecommunication.ca ; frankl@goldline.net ; pquenneville@gtglobal.ca ; Hadi.maleki@iteraweb.com ; serge.paquette@9Bit.com president@feximco.com; info@tamcotec.com; sales@telizon.ca ; amucauley@telizon.biz

Appendix

List of 9-1-1 obligations applicable to local VoIP service providers, based on determinations made in Telecom Decisions 2005-21, 2005-61, and 2007-44, and in Telecom Regulatory Policy 2011-426

i Provide 9-1-1 service:

Canadian carriers offering fixed local VoIP services, where the end-user is assigned an NPA-NXX native to any of the local exchanges within the region covered by the customer’s serving PSAP, are to provide 9-1-1/E9-1-1 [Enhanced 9-1-1] service, where it is available from the ILEC [incumbent local exchange carrier]. This support is to include provisioning end-user information in the ALI [Automatic Location Information] database associated with the end-user’s serving PSAP [public safety answering point], and routing 9-1-1 calls, along with ANI [automatic number identification] and ALI data, to the correct PSAP in a manner that is compatible with the PSAP’s systems. Call control features are to be supported to the extent technically feasible. (Source: paragraph 52 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to use 0-ECRS [zero-dialed emergency call routing service] as the interim solution to route fixed/non-native and nomadic VoIP 9-1-1 calls to the PSAPs, pending the development and implementation of a long-term fixed/non-native and nomadic VoIP E9-1-1 solution. (Source: paragraph 60 of Routing of fixed / non-native and nomadic VoIP 9-1-1 calls to public safety answering points, Telecom Decision CRTC 2007-44, 15 June 2007)

The Commission directs VSPs [nomadic and fixed/non-native VoIP service providers] to implement the capability to provide their VSP operators with a 9-1-1 caller’s telephone number within 9 months of the date of this decision [i.e. by 14 April 2012], and to require their VSP operators to use the provided telephone number as a last resort to re-establish contact with a 9-1-1 caller, when a 9-1-1 call is disconnected before the caller’s location has been determined. (Source: paragraph 17 of Provision of a 9-1-1 caller’s telephone number to nomadic and fixed/non-native VoIP service providers’ 9-1-1 operators, Telecom Regulatory Policy CRTC 2011-426, 14 July 2011)

The Commission directs Canadian carriers, as a condition of providing telecommunications services to local VoIP service providers, to include in their service contracts or other arrangements with these service providers, the requirement that the latter, and any or all of their wholesale customers and subordinate wholesale customers, abide by the directions regarding the provision of 9-1-1 service to local VoIP service providers set out in paragraphs 52, 68, 93, 94, and 98 of Telecom Decision 2005-21; paragraph 14 of Telecom Decision 2005-61; paragraph 60 of Telecom Decision 2007-44; and paragraph 17 of Telecom Regulatory Policy 2011-426. (Source: paragraph 13 of VoIP 9-1-1 service – Modified contractual condition, Telecom Decision CRTC 2012-137, 7 March 2012)

The Commission therefore directs all Canadian carriers that offer nomadic and fixed/non-native VoIP services to implement the following measures, within 90 days of the date of this decision: (1) contact customers each time they change their billing address to confirm their most likely physical address for emergency purposes; and (2) ensure that customers are able to update their most likely physical address online.

The Commission also directs Canadian carriers, as a condition of providing telecommunications services to nomadic and fixed/non-native VoIP service providers, to include in their service contracts or other arrangements with these providers the requirement that the latter abide by this direction. (Source paragraph 45 of Viability of proposals for the provision of E9-1-1 service for nomadic and fixed/non-native VoIP subscribers - Telecom Decision CRTC 2010-387, 17 June 2010)

ii Provide customer notifications:

All Canadian carriers offering local VoIP services are to provide initial customer notification, regarding any limitations that may exist with respect to 9-1-1/E9-1-1 service, before service commencement. This information is to be made available through all of the following: marketing material used for television, radio and printed media, the terms and conditions of service, on-line material, customer service representatives, service contracts and starter kits. (Source: paragraph 93 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to provide on-going customer notification during service provision through all of the following: marketing material used for television, radio and printed media, the terms and conditions of service, on-line material, customer service representatives, warning stickers affixed to telephone sets and billing inserts. (Source: paragraph 94 of Telecom Decision 2005-21)

In cases where there are limitations on VoIP 9-1-1/E9-1-1 service, Canadian carriers offering local VoIP services are to obtain, prior to commencement of service, the customer’s express consent, by which the customer acknowledges his/her understanding of the 9-1-1/E9-1-1 service limitations, using one of the methods approved in Telecom Decision 2005-15. To ensure that information regarding limitations on 9-1-1/E9-1-1 service is accessible to persons with visual disabilities, all customer notification, and any printed information used to secure the express customer consent, must be provided in alternative formats (e.g. Braille and large print), upon request. Furthermore, to ensure that such documentation is accessible to persons with cognitive disabilities, local VoIP service providers are required, at a minimum, to explain it, upon request. (Source: paragraph 98 of Telecom Decision 2005-21)

All Canadian carriers offering local VoIP service are to abide by the customer notification requirements set out in the Report [ESWG Consensus Report ESRE039D – Customer Notification Issues re: 9-1-1 calls on VoIP, 21 July 2005]. (Source: paragraph 14 of Telecom Decision 2005-61)

Canadian carriers offering local VoIP service are to submit copies of their customer notifications concerning the availability, characteristics, and limitations of their 9-1-1/E9-1-1 service for review by the Commission, prior to offering service. (Source: paragraph 16 of Telecom Decision 2005-61)

The proposed texts must adhere to the requirements set out in the Report and in the following paragraphs: (Source: paragraph 15 of Telecom Decision 2005-61)

Where the Report recommends that the information contained in the notifications be “clearly visible,” the Commission clarifies that the text must be easily legible. Local VoIP service providers are to avoid the unnecessary use of upper case letters, and avoid narrow spacing, and anything that may impede the readability of the text.

The font size of the text of notifications used for television, print, and on-line media should be, at a minimum, the same as the main text in the marketing material. With respect to the text contained in items such as, but not limited to, terms and conditions of service, website materials, service contracts, starter kits, installation software and billing inserts, the Commission determines that local VoIP service providers must use 12 point font, at a minimum.

In addition to ensuring that the language for customer notification in both audio and print marketing materials is simple and user-friendly, local VoIP service providers must ensure that their message is succinct. Moreover, with respect to audio notifications used for television and radio, the message must be easily audible. (Source: paragraphs 11 to 13 of Telecom Decision 2005-61)

In Telecom Decision 2011-619, the Commission determined that the requirements for service providers to notify customers and obtain their express consent, set out in Telecom Decisions 2005-21 and 2005-61, do not apply to fixed/native voice over Internet Protocol services.

iii Register with the Commission (although this is not strictly a 9-1-1 obligation, it is a requirement for providing VoIP local service):

Accordingly, the Commission directs that all local VoIP service providers that are not operating as Canadian carriers are to register with the Commission as resellers, as a condition of obtaining services from a Canadian carrier or other TSP. (Source: paragraph 204 of Telecom Decision 2005-28)

ATTACHMENT

SUGGESTED STARTER KIT NOTIFICATIONS

External Starter Kit Notification:

On the outside of the starter kit, (company name) will place the following customer notification in English/French (as appropriate):

VoIP 9-1-1 emergency service is different than traditional telephone 9-1-1 services. See enclosed documents for further important details.

Inside Starter Kit:

Inside the starter kit, (company name) will include documentation/user tips with the following text in English/French (as appropriate):

IMPORTANT 9-1-1 INFORMATION

We want to make sure that you are aware of important differences in the way 9-1-1 service operates with a VoIP phone when compared with traditional telephone service. Here’s what you need to keep in mind:

Differences between traditional 9-1-1 service and VoIP phone 9-1-1
With traditional phone services, your 9-1-1 call is sent directly to the nearest emergency response centre. With VoIP phone service, your 9-1-1 call is forwarded to a third-party service provider that will automatically or manually route your call to the emergency response centre.

Remember to verify your location

Because you can move your VoIP phone between locations and because, for technical reasons, the emergency operator may not have your name, location or contact information available, you must immediately inform the emergency operator of your location and contact particulars any time you call 9-1-1. Do not risk sending police or ambulance services to the wrong location.

Be prepared during any service interruption

VoIP phone service depends not only on your continued subscription (and payment) for the service, but also on Internet connectivity and power to function. In the event of power, network, or Internet outages (including congestion), or if your service is disconnected or suspended due to non-payment, you may experience a failure, disruption or delay in your 9-1-1 service. We recommend that you keep an alternative phone service (such as a cellular telephone) handy to increase the reliability of your access to emergency services during any service interruption.

Do not disconnect

Until you are told to do so by an emergency dispatcher, do not disconnect your 9-1-1 call. If you are inadvertently disconnected, call back immediately.

Keep your service address up to date

(Company name) will attempt to provide the emergency operator with your service address, so please ensure that your information on file with us is always accurate and updated. If you do not do this (for example, if you are unable to speak during a 9-1-1 call), the emergency operator may assume that you are calling from the last registered address.

Inform other users

You must notify members of your household and other potential users of your VoIP phone service of the nature and limitations of 9-1-1 emergency calls. To make this easier, attach the included stickers in a visible location on your telephone sets.

Limitations of Liability

(Company name)’s terms of service limit and disclaim liability related to VoIP 9-1-1 service, so please read these carefully.

Insert your own limitations of liability here:

For a complete description of our VoIP 9-1-1 service, please see (company name)’s terms of service at www.company.name.website.ca

Telephone Set Stickers Inside Starter Kit:

Inside the starter kit, (company name) will include telephone set warning stickers with the following text:

ATTENTION

When dialling 9-1-1, be prepared to provide your address/location.
For more details visit www.company.name.website.ca

The URL indicated on the warning sticker goes to (company name)’s website, on which each page will contain a link to (company name)’s Terms of Service and other important notification items.

SUGGESTED MARKETING / POINT OF SALE NOTIFICATIONS

Printed Marketing Materials:

For its printed marketing materials, (company name) intends to use the following customer notification texts (examples) depending on the nature of the advertisement or promotion:

VoIP phone emergency 9-1-1 features differ from traditional 9-1-1 services. See sales representative for further details.

VoIP phone emergency 9-1-1 features differ from traditional 9-1-1 services. Visit www.company.name.website.ca for more information.

Note: Notifications similar to those above are also required in the event a local VoIP service provider is making use of other forms of advertising and or promotion such as with television, radio, or other forms of media.

Customer Activation:

When customers call (company name) to request activation of their VoIP service, (company name)’s representative will notify them of the documents in the starter kit and how the VoIP emergency 9-1-1 services differ from traditional 9-1-1 services. Once their VoIP service is ready to be activated, customers will, through the Internet, log onto their account management site to activate their 9-1-1 service. As part of the activation process, text similar to the printed 9-1-1 documents will be presented to the customers and the customers will be presented with the following in English/French (as appropriate) and their selections will be captured:

I agree that I have read and understand the 9-1-1 service limitations described
above.
[link: "I Agree" (to proceed with activation)]
[link: "I Do Not Agree" (to cancel activation)]

Customer Service/Point of Sales:

(Company name)’s customer service and sales representatives will be fully versed in the contents of the VoIP 9-1-1 documents for discussion with potential customers.

On-Line:

On-line marketing on (company name)’s website will contain a link to its Terms of Service prefaced with the following text:

VoIP phone emergency 9-1-1 features differ from traditional 9-1-1 emergency services. Visit [link] [www.company.name.website.ca] for more information

SUGGESTED TERMS OF SERVICE NOTIFICATIONS

THIS SECTION CONTAINS IMPORTANT PROVISIONS, INCLUDING THOSE REGARDING 9-1-1 SERVICE

Description: VoIP services allow you to make or receive telephone calls over the Internet to or from the public switched telephone network. The nature of VoIP telephone calls, while appearing similar to traditional telephone calling services, create unique limitations and circumstances, and you acknowledge and agree that differences exist between traditional telephone service and VoIP telephone services, including the lack of traditional 9-1-1 emergency services.

9-1-1 service: Because of the unique nature of VoIP telephone calls, emergency calls to 9-1-1 through your VoIP service will be handled differently than traditional phone service. The following provisions describe the differences and limitations of 9-1-1 emergency calls, and you hereby acknowledge and understand the differences between traditional 9-1-1 service and VoIP calls with respect to 9-1-1 calls placed to emergency services from your account as described below.

Placing 9-1-1 calls: When you make a 9-1-1 emergency call, the VoIP service will attempt to automatically route your 9-1-1 call through a third-party service provider to the Public Safety Answering Point (“PSAP”) corresponding to your address of record on your account. However, due to the limitations of the VoIP telephone services, your 9-1-1 call may be routed to a different location than that which would be used for traditional 9-1-1 dialling. For example, your call may be forwarded to a third-party specialized call centre that handles emergency calls. This call centre is different from the PSAP that would answer a traditional 9-1-1 call which has automatically generated your address information, and consequently, you may be required to provide your name, address, and telephone number to the call centre.

How your information is provided: The VoIP service will attempt to automatically provide the PSAP dispatcher or emergency service operator with the name, address and telephone number associated with your account. However, for technical reasons, the dispatcher receiving the call may not be able to capture or retain your name, phone number or physical location. Therefore, when making a 9-1-1 emergency call, you must immediately inform the dispatcher of your location (or the location of the emergency, if different). If you are unable to speak, the dispatcher may not be able to locate you if your location information is not up to date.

Correctness of information: You are responsible for providing, maintaining, and updating correct contact information (including name, residential address and telephone number) with your account. If you do not correctly identify the actual location where you are located, or if your account information has recently changed or has otherwise not been updated, 9-1-1 calls may be misdirected to an incorrect emergency response site.

Disconnections: You must not disconnect the 9-1-1 emergency call until told to do so by the dispatcher, as the dispatcher may not have your number or contact information. If you are inadvertently disconnected, you must call back immediately.

Connection time: For technical reasons, including network congestion, it is possible that a 9-1-1 emergency call will produce a busy signal or will take longer to connect when compared with traditional 9-1-1 calls.

9-1-1 calls may not function: For technical reasons, the functionality of 9-1-1 VoIP emergency calls may cease or be curtailed in various circumstances, including but not limited to:

Failure of service or your service access device - if your system access equipment fails or is not configured correctly, or if your VoIP service is not functioning correctly for any reason, including power outages, VoIP service outage, suspension or disconnection of your service due to billing issues, network or Internet congestion, or network or Internet outage in the event of a power, network or Internet outage; you may need to reset or reconfigure the system access equipment before being able to use the VoIP service, including for 9-1-1 emergency calls; and changing locations - if you move your system access equipment to a location other than that described in your account information or otherwise on record with (company name).

Alternate services: If you are not comfortable with the limitations of 9-1-1 emergency calls, (company name) recommends that you terminate the VoIP services or consider an alternate means for accessing traditional 9-1-1 emergency services.

Inform other users: You are responsible for notifying, and you agree to notify, any user or potential users of your VoIP services of the nature and limitations of 9-1-1 emergency calls on the VoIP services as described herein.

Liability: Customers are advised to review this section with respect to (company name)’s limitations of liability (as appropriate to each company).

[1] Local VoIP service providers are defined as service providers that (i) provide their customers with telephone numbers that conform to the North American Numbering Plan, (ii) provide access to and from the public switched telephone network, and (iii) enable customers to make and/or receive calls that originate and terminate within an exchange or local calling area. See: Emergency service obligations for local VoIP service providers, Telecom Decision CRTC 2005-21, 4 April 2005.

[2] According to paragraphs 97 and 98 of Decision 2005-21, express consent may be taken to be given where the customer provides written consent; oral confirmation verified by an independent third party;
electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by the carrier; or consent through other methods, as long as an objective documented record of customer consent is created by the customer or by an independent third party. To ensure that information regarding limitations on 9-1-1/E9-1-1 service is accessible to persons with visual disabilities, all customer notification, and any printed information used to secure the express customer consent, must be provided in alternative formats (e.g. Braille and large print), upon request.

[3] The company may file certain information in confidence if the information falls into a category listed in subsection 39(1) of the Telecommunications Act. Essentially, the company can file two versions of its reply: one containing the confidential information and the word “Confidential” clearly marked on the letter; and another for the public record, in which the confidential information is omitted and replaced by a “#” sign. In general, confidential information is not released on the public record to protect proprietary information, and only the non-confidential version is posted on the Commission’s website. For more information on the process for filing information in confidence with the Commission, see Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010 961, 23 December 2010, available on the Commission’s website at http://www.crtc.gc.ca/eng/archive/2010/2010-961.htm.

[4] The Commission’s powers to request information from any person, issue mandatory orders, register its decisions with the Federal Court, and enforce the registered decision through the Federal Court, are set out in subsection 37(2), section 51, and subsection 63(2) of the Telecommunications Act, respectively.

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