Telecom Commission Letter Addressed to Rick Schleihauf (Fibernetics Corporation)

Ottawa, 13 February 2018

Our reference: 8740-F27-201800475

BY E-MAIL

Mr. Rick Schleihauf
VP – Regulatory Affairs and Carrier Relations
Fibernetics Corporation
605 Boxwood Drive
Cambridge, Ontario  N3E 1A5
regulatory@fibernetics.ca

Dear Sir:

Re: Tariff Notice 9 Access Services Tariff

On 29 January 2018, the Commission received an application from Fibernetics Corporation (Fibernetics), in which the company proposed changes to its Access Services Tariff, CRTC 21690.

Commission staff is continuing its analysis of this application.

Consequently, this application, along with any associated subsequent revisions, will not be approved on an interim basis on the 15th calendar day following receipt. However, the Commission intends to dispose of this application, along with any associated subsequent revisions, within 45 business days of receipt of the filing.

Paragraph 28(1) (a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure provides that the Commission may require parties to file information or documents where needed.

Fibernetics is requested to provide comprehensive answers, including rationale and any supporting information, to the attached questions by 22 February 2018.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution & Regulatory Implementation
Telecommunications Sector

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

Attach. (1)

Request for information

In its application, Fibernetics proposed revisions to its competitor local exchange carrier (CLEC) tariff. Specifically, Fibernetics proposed to include the applicable rates in its CLEC tariff that cross-reference the specific tariff items and rates that are set out in the incumbent local exchange carrier (ILEC) tariffs, as per CISC CLEC Model Tariff version 34-1(e) in the following territories: New Brunswick, Newfoundland, Nova Scotia, specific Ontario and Quebec operating territories not served by Bell Canada, Prince Edward Island and Saskatchewan.

According to Commission data and that of the Canadian Numbering Administrator (CNA), Fibernetics is currently operating in at least one exchange in Nova Scotia. However, it does not appear that the company has a tariff for Nova Scotia approved by the Commission.

Pursuant to subsection 25(4) of the Telecommunications Act (the Act), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if it is satisfied that the rate was charged because of an error or other circumstance that warrants the ratification.

  1. Confirm whether Fibernetics is currently offering service in Nova Scotia.
  2. If Fibernetics is currently offering service in Nova Scotia, identify when the company began offering service there and justify why Fibernetics did not seek Commission tariff approval for its plan to enter Bell Aliant’s ILEC territory of Nova Scotia prior to offering service.
  3. Confirm whether Fibernetics is already offering service in any of the other operating territories identified in its application.  
  4. If rate ratification is required, explain on what basis subsection 25(4) of the Act would apply to this situation.
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