ARCHIVED - Telecom Commission Letter addressed to Denis Béland (Québecor Média ltée.)
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Ottawa, 22 October 2019
Our reference: 8740-V3-201910464
BY EMAIL
Mr. Dennis Béland
Vice-President, Regulatory Affairs
Telecommunications
Québecor Média ltée.
612 rue St-Jacques, 15me étage
Montréal, QC H3C 4M8
dennis.beland@quebecor.com
RE: Vidéotron ltée (Vidéotron) – General Tariff CRTC 26950 – Third Party Internet Access Service (TPIA) – Tariff Notice #57 (TN 57) – Withdrawal of “Download up to 940 Mbps, Upload to 50 Mbps” service
Dear Mr. Béland:
On 11 October 2019, the Commission received the above-referenced tariff notice (TN 57), in which Québecor Média on behalf of Vidéotron ltée (Québecor) is proposing to withdraw the TPIA “Download up to 940 Mbps, Upload to 50 Mbps” service (the TPIA Giga Service) from Vidéotron's tariff.
In paragraph 2 of the description letter accompanying TN 57, Québecor indicates that Vidéotron would cease supporting the activation of new access to the TPIA Giga Service immediately (i.e. effective 11 October 2019) for new end-users. Commission staff reminds Québecor that, as set out in Telecom Information Bulletin 2010-455-1 and Telecom Decision 2016-65, applications to destandardize and/or withdraw a service must be filed at least 60 calendar days prior to the proposed effective date of the destandardization/withdrawal of the service.
An immediate change to a service such as no longer activating new access prior to obtaining Commission approval is not consistent with the 60-day requirement. Additionally, refusing to process a new activation request in such circumstances would generally be considered non-compliance with Information Bulletin 2010-455-1, Telecom Decision 2016-65 and Vidéotron’s tariff. The Telecommunications Act includes enforcement provisions that the Commission may use in instances of non-compliance with the Act or a Commission decision under the Act.
Commission staff further notes an inconsistency in TN 57. In paragraph 1 of the description letter, Québecor notes that it purports to withdraw the TPIA Giga Service from Vidéotron’s tariff. Québecor also filed revised tariff pages where it proposes to withdraw the related clauses. However, in paragraph 5 of the description letter, Québecor mentions that Vidéotron would maintain, or grandfather, all existing end users of the TPIA Giga Service, which signals that it may instead be requesting the destandardization of the service rather than its withdrawal.
In light of the above, Commission staff is returning TN 57 and considers it closed.
Québecor may file a new TN regarding its proposed withdrawal or destandardization of Vidéotron’s TPIA Giga Service, correcting or clarifying the inconsistencies, with appropriate new notification to Vidéotron’s customers, consistent with Telecom Information Bulletin 2010-455-1. Vidéotron is reminded that, until such time as the Commission renders a decision regarding the withdrawal or destandardization of the TPIA Giga Service, Vidéotron’s TPIA tariff remains unchanged and the service must be provided in accordance with the rates, terms and conditions laid out therein.
Sincerely,
Original signed by
Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector
c.c.: Rudy Rab, CRTC, rudy.rab@crtc.gc.ca
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