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Telecom Commission Letter addressed to Michelle Dupuis (TELUS Communications Inc.)

Ottawa, 30 September 2019

Our reference: 8740-T66-201902859

BY EMAIL

Ms. Michelle Dupuis
Senior Regulatory Legal Counsel
TELUS Communications Inc.
215 Slater Street,
Ottawa, Ontario K1P 0A6
michelle.dupuis@telus.com

Re:  Tariff Notice 545 - General Tariff CRTC 21461 – Item 508, Update to Forbearance of Interexchange Private Line Services

Dear Ms. Dupuis:

On 26 April 2019, the Commission received Tariff Notice (TN) 545, filed as a Group A application, from TELUS Communications Inc. (TELUS) in which the company proposed revisions to its General Tariff Item 508, Forbearance of Interexchange Private Line Services.  In the application, TELUS proposed a significant change to the current tariff presentation of Interexchange Private Line (IXPL) forborne routes.

Following a 4 July 2019 conference call with you on this matter and further review of the application, it is Commission staff’s view that the changes proposed in the application do not reflect the Commission’s determinations in the various decisions in which the Commission has forborne from regulating high-capacity / digital data services interexchange private line services on specific routes.

As an example, paragraph 11 of Decision CRTC 2018-367 states:

The Commission directs the affected ILECs to issue, within 45 days of the date of this decision, tariff pages removing the tariffs for the IXPL services on the routes identified in the Appendix, effective on the date of issuance of the tariff pages. [Emphasis added.]

In these above noted decisions, the Commission has forborne from regulating various IXPL routes, each of which was defined by two specific exchange end points, and directed that the ILEC tariff pages reflect the forbearance of these various specific routes. As such, the Commission’s forbearance approach has not contemplated combined routes with exchange end points that were not the subject of a Commission forbearance decision, as proposed in TN 545.

Further, combining of IXPL routes for forbearance purposes was rejected by the Commission in its Telecom Order 99-434 policy determinations, since the Commission found that where service is offered or provided between intermediate exchanges on a particular route, that service is a separate route.

Accordingly, Commission staff does not consider that TN 545 is a valid Group A filing since the proposed tariff pages do not reflect Commission forbearance decisions. 

TELUS is requested to either withdraw TN 545 or amend the application so that the proposed simplified tariff page presentation reflects Commission forbearance decisions. 

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

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