Telecom Commission Letter Addressed to Mr. Dallas Yeulett (Northwestel)

Ottawa, 20 April 2018

Our reference: 8661-N1-201800863

BY EMAIL

Mr. Dallas Yeulett
Senior Manager, Regulatory Compliance
Northwestel
P.O.Box 2727
Whitehorse, Yukon Y1A 4Y4
regulatoryaffairs@nwtel.ca

Re: Part 1 application requesting ratification of Special Services Tariff (SST) rates

Dear Sir:

On 8 February 2018, the Commission received an application by Northwestel, in which the company requested ratification of rates charged without an approved tariff for certain Special Services Tariffs (SSTs).

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.

Northwestel is requested to provide comprehensive answers, including rationale and any supporting information, to the attached questions by 3 May 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
Wendy Ellis, Bell Aliant, wendy.ellis@bellaliant.ca

Attach. (1)

Requests for information

In its application, Northwestel identified that nine SSTs have been offered without an approved tariff for varying lengths of times. Northwestel noted that tariff notices have been filed and approved by the Commission for all of these SSTs, and that these SSTs are now being offered in compliance with the company’s approved tariffs. The company also indicated that due to administrative errors certain rates/conditions charged for these SSTs in the past were not immediately reflected in the applicable tariffs. In all cases, Northwestel indicated that the affected customers were notified and agreed with the rates charged for these services. The company requested ratification of the rates charged without an approved tariff.

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. For each of the SSTs, Northwestel is requested to:
    1. identify the customer(s) and the locations where the service is provided;
    2. please advise if this application has been served on each of these customers. If not, please explain why;
    3. identify whether the customer requested competitive bids for the special services arrangement;
    4. confirm the total amount, including usage and installation charges, for which ratification is requested, providing details of the calculations and dates involved and ensuring that the amount does not include rates and charges after the effective date the tariff was approved;
    5. confirm when and how Northwestel first became aware that it was offering the service other than in accordance with an approved tariff; and
    6. explain how these actions contrary to the Act which were repeated over a significant period of time, resulting in a significant financial impact, could be considered an “error or other circumstance that warrants ratification” under subsection 25(4) of the Act.
  2. For Item 779, identify the portion of the amount calculated in 1.d) above that relates to the period 1 January 2008 to 1 November 2012.
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