ARCHIVED - Telecom Commission Letter addressed to Louise Robichaud (Cochrane Telecom Services)

Ottawa, 16 December 2015

Our references:  8740-C1-201507831, 8740-C1-201503699

BY EMAIL

Ms. Louise Robichaud
Chief Financial Officer
Cochrane Telecom Services
153 6th Avenue, Box 640
Cochrane, Ontario  P0L 1C0
Louise.robichaud@cochranetel.ca

RE: Tariff Notices 71 and 74 – Closure of files and request to re-file

Dear Madam:

The purpose of this letter is to return and close the above-noted tariff notices (TNs) and to request that Cochrane re-file a Group B tariff application and a destandardization and/or withdrawal application.

On 24 April 2015, Cochrane Telecom Services (Cochrane) filed tariff notice (TN) 71 as a Group A tariff filing.  Cochrane updated this filing on 5 May 2015.  TN 71 was to take effect as of 29 June 2015.  Cochrane characterised this filing as containing “light housekeeping” changes. Group A applications are forborne from approval; however, the Commission retains its remedial powers over such applications.

On 31 July 2015, the Commission received an application by Cochrane under TN 74, in which the company proposed to change the rate for Centrex Basic – Town & Rural in Section 210, item 2, of its General Tariff, and requested ratification of the rate charged since 13 February 2015.

As noted in the Commission staff letter to Cochrane on TNs 71 and 74 dated 20 August 2015, Commission staff considered that the proposal, originally filed in TN 71, to combine the Centrex Basic rate with the Touch Tone rate should have been filed as a Group B application.  That proposal, which involved combining two rate elements, did not meet the criteria for a Group A application as described in Approval processes for tariff applications and intercarrier agreements, Telecom Information Bulletin CRTC 2010-455, 5 July 2010 (Bulletin 2010-455) and therefore, required Commission approval.

In that letter, Commission staff indicated that the proposal to combine the Centrex Basic Service and Touch Tone rate elements would be considered in the context of pre-existing Group B application TN 74, and invited interested persons to comment.

Commission staff notes that in addition to the above-noted proposal with respect to Centrex Basic and Touch Tone rate elements, TN 71 also contained additional proposals to i) combine rate elements for other services and; ii) remove rate elements. Commission staff further notes that these proposed revisions also do not meet the criteria for Group A applications, and therefore also require Commission approval.

The additional revisions proposed in TN 71 that require Commission approval are:

• The combining of the Individual Line and Rural rate elements associated with item 100, Exchange Service, and the proposed combining of the new combined service rate with the Touch Tone service rate;
• The combining of the PBX – Town, PBX – Rural and PBX – Unincorporated rate elements associated with item 190, Private Branch Exchange service, and the proposed combining of the new combined PBX-Town & Rural service rate with the Touch Tone service rate; and
• The removal of item 490, Integrated Voice Message System, from its General Tariff.

Commission staff recognizes that TN 71 may have also contained certain housekeeping changes which met the criteria for Group A applications. However, in view of the fact that the revisions proposed above did not qualify as a Group A filing, Commission staff considers that TN 71 as a whole was misfiled as a Group A filing.  Accordingly, TN 71 cannot be considered to have been forborne from Commission approval. In light of this, TN 71 is being returned with the present letter.

Because the tariff amendment and ratification requested in TN 74 depend, in part, on the tariff amendments erroneously filed in TN 71, TN 74 is also being returned with the present letter. 

In order to obtain the necessary Commission approval for the tariff amendments and ratifications previously filed in TN 71 and TN 74, Cochrane must file a new Group B tariff application detailing those requested amendments and ratifications.

As part of its new Group B tariff application, Cochrane is expected to provide justification for all those proposals that do not qualify as housekeeping changes as defined in Bulletin 2010-455, including those to combine rate elements for item 210, Centrex Basic Service; for item 100, Exchange Service; and for item 190, Private Branch Exchange.  Cochrane is also expected to provide justification for its proposals to combine these new service rates with the Touch Tone rate.

If Cochrane has charged any subscribers rates that were modified as a result of TN 71, Cochrane must also request ratification for such charges.

Regarding Cochrane’s proposal to delete item 490, Integrated Voice Message System, from its General Tariff, Commission staff notes that the removal of this item in its entirety should have been filed as a separate application for destandardization and/or withdrawal, as set out in Mandatory customer contract renewal notification and requirements for service destandardization/withdrawal, Telecom Decision CRTC 2008-22, 6 March 2008.

Commission staff notes that TN 71 is currently identified as forborne from approval on the Commission’s website.  The website will be updated to reflect the contents of this letter and a link to this letter will be placed under TN 71 and TN 74.

If you have any questions about the content of this letter, please contact Joanne Baldassi, at 819-997-3498 or joanne.baldassi@crtc.gc.ca.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.:  Scott Mitchell, Cochrane Telecom Services, smitch@cochranetel.ca
Joanne Baldassi, CRTC, 819-997-3498, joanne.baldassi@crtc.gc.ca

Date modified:

2015-10-06