Telecom Procedural Letter addressed to Xander Robar and Jessica Holdcroft (OnSwitch Inc.)

Ottawa, 29 June 2017

Our reference: 8663-C12-201015470

BY EMAIL

Xander Robar
Jessica Holdcroft
Directors
OnSwitch Inc.
PO Box 25058
Keswick, ON L4P 4C2
xander@onswitchit.ca
info@onswitchit.ca

RE: Second Request for information - Alleged violations of the obligations of local VoIP service providers

Dear Mr. Robar and Ms. Holdcroft:

The Canadian Radio-television and Telecommunications Commission (the Commission) regulates, among other things, the provision of 9-1-1 service by local Voice over Internet Protocol (VoIP) service providers pursuant to the Telecommunications Act (the Act).

The attached letter was sent on 13 April 2017 to OnSwitch Inc. (OnSwitch) regarding alleged violations of the obligations of local VoIP service providers. The letter included a request to provide a response to the Commission by 4 May 2017, showing that the company meets the three obligations that VoIP service providers in Canada must meet in relation to the provision of 9-1-1 emergency services. To date a response has not been provided to the Commission’s request for information.

Commission staff is in receipt of the 10 April 2017 Telecommunications Provider Registration Application filed with the CRTC by OnSwitch.  We note that the company’s registration with the Commission cannot be completed until a signed version of the company’s registration letter has been received.

We also note that in your 10 April 2017 registration application, under section 4.1.1 you provided a limited amount of information regarding your 9-1-1 services. As set out in the 13 April 2017 letter, if OnSwitch is providing VoIP service, you must provide information to the Commission demonstrating that your company is in compliance with these obligations. The details of the obligations and what is required to be submitted to the Commission are on the following link: http://www.crtc.gc.ca/eng/telephone8.htm. A checklist that summarizes the required obligations listed in the above link is set out in the Attachment to this letter. Information already submitted by OnSwitch is noted in the Attachment.

The application of 9-1-1 and other regulatory obligations directly to non-carriers (resellers) offering and providing telecommunications services is outlined in Telecom Regulatory Policy (TRP) CRTC 2016-12,Application of the 9-1-1 regulatory obligations directly to non-carriers offering and providing telecommunications services and Telecom Regulatory Policy CRTC 2017-11, Application of regulatory obligations directly to non-carriers offering and providing telecommunications services. In TRP CRTC 2016-12,the Commission directed resellers, as a condition of offering and providing voice telecommunications services, to abide by all applicable existing and future obligations with respect to 9-1-1 service.In TRP CRTC 2017-11, the Commission directed resellers, as a condition of offering and providing any telecommunications services, to abide by all applicable existing consumer safeguard obligations, including the obligation to register with the Commission.

The 9-1-1 service obligations for local VoIP service providers in Canada are set out Telecom Decision CRTC 2005-21, Emergency service obligations for local VoIP service providers and Telecom Decision CRTC 2005-61, Follow-up to Emergency service obligations for local VoIP service providers, Decision 2005-21- Customer notification requirements.

Accordingly, there are three obligations which local VoIP service providers in Canada must meet

  1. Provide 9-1-1 service to the company’s customers.
  2. Provide information to customers explaining the limitations of and/or differences between VoIP 9-1-1 and traditional 9-1-1, and obtain from customers express consent to such limitations.
  3. a) Register with the Commission as a reseller (or as a Competitive Local Exchange Carrier (CLEC) if the company owns or operates facilities in Canada), and
    b) Obtain a BITS licence (Basic International Telecommunications Services licence) from the Commission.

You are required to provide a detailed response to the Commission by 13 July 2017, showing that your company meets the three obligations listed above with specific reference to the requirements listed in the attached Annex. The letter should be addressed to the Commission’s Secretary General with the subject and file numbers indicated at the top of this letter, to ensure proper routing of your document. If you have already provided the required information to the Commission, please provide the date and original company name for which the registration was submitted.

This letter and all subsequent correspondence may be placed on the public record.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

c.c.: Wendy McClintock, CRTC, 819-639-6211, wendy.mcclintock@crtc.gc.ca

Attach. (1)

Information to be submitted to the Commission by local VoIP service providers in Canada

See the following links for more details.
http://www.crtc.gc.ca/eng/archive/2005/dt2005-21.htm   
http://www.crtc.gc.ca/eng/archive/2005/dt2005-61.htm
http://www.crtc.gc.ca/eng/comm/telecom/resp.htm
http://www.crtc.gc.ca/eng/phone/911/voip.htm

Legal name – OnSwitch Inc. - Already provided

Business name – OnSwitch Inc. - Already provided

Business registration number

Jurisdiction in which the company is registered

Number of existing customer lines served –

access-dependent (fixed)

access-independent (nomadic)

Name of 9-1-1 answering bureau Bulk Solutions, LLC - Already provided

Direct contact at 9-1-1 answering bureau - - include proof of contract or executive attestation

Company name(s)

Contact name(s)

Telephone number(s)

Address(es) 

Email address(es)

Intermediate contact company ies) If no direct contact with 9-1-1 answering and routing company - include proof of contract or executive attestation

Company name(s)

Contact name(s)

Telephone number(s)

Address(es)

Email address(es)

Provider of telephone numbers

Contact name(s)

Telephone number(s)

Address(es)

Email address(es)

Ensures customers understand the service limitations for VoIP 9-1-1 service and obtains customer consent prior to beginning VoIP service that they understand and agree to the 9-1-1 service limitations.

Specify method by which consent to 9-1-1 service limitations is obtained from the customer.

Online updating of customer’s physical address for 9-1-1 purpose available Yes/No – If no, how do clients update their address.

Owns and operates its own transmission facilities in Canada Yes/No – No - Already provided

Registered with the Commission as a – Registered Reseller/Registered CLEC.

Obtained a Basic International Telecommunications Services (BITS) licence - Yes/No/Pending

Up to date with all ongoing regulatory filings to maintain its BITS licence and registration - Yes/No

Mandatory 9-1-1 emergency service customer notification texts - Stickers for telephone sets – Sample required

Company’s limitations of liability with respect to VoIP 9-1-1 service

Wording on company’s website, showing customer notification texts and limitations of liability with respect to VoIP 9-1-1 service

Confirm that VoIP 9-1-1 obligations are met in full - (see https://crtc.gc.ca/eng/phone/911/voip.htm) – Yes/No

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