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Telecom - Commission Letter addressed to Philippe Gauvin (Bell Canada)

Ottawa, 14 September 2021

Our reference: 8740-M22-202104727

BY EMAIL

Philippe Gauvin
Assistant General Counsel
Bell Canada
160 Elgin Street, 19th floor
Ottawa, ON  K2P 2C4
bell.regulatory@bell.ca

RE:  Groupe Maskatel Québec L.P. – Tariff notice (TN) 85 – Submission of a tariff application concerning competitor services – General Tariff 25030, introduction of wholesale Ethernet service

Philippe Gauvin,

On 15 July 2021, the Commission received an application from Groupe Maskatel Québec L.P. (Maskatel), under Tariff Notice 85. In Section 12, Maskatel proposed the addition of a new service for competitors to General Tariff CRTC 25030, namely wholesale Ethernet.

In its letter, Maskatel stated that it had referred to approved tariffs for the Ethernet access, transport and wholesale central office connecting link services of NorthernTel Limited Partnership (NorthernTel), as indicated in General Tariff CRTC 25510, Access Services Tariff (sections N200.9, N200.10 and N200.11 respectively). Maskatel also added that its proposed rate for central office connecting link services is identical to that set out in General Tariff CRTC 25140 of Télébec, Limited Partnership (Télébec), Access Services Tariff, item 7.10.3.

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

Consequently, in accordance with paragraph 28(1)(a) of the Rules of Practice and Procedure, Maskatel is invited to provide complete answers, including rationale and any supplemental information, to the attached request for information by 28 September 2021.

Where a document is to be filed or served by a specific date, the document must be actually received, not merely sent, by that date.

The Commission requires that your response and/or other documents be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling in the “Broadcasting and Telecom Cover Page” or the “Broadcasting Cover Page” located on this Web page. Also on this Web page you will find information on submitting applications to the Commission under “Filing Broadcasting and Canadian Program Certification documents with the CRTC: Privacy and Security.”

A copy of this letter and all related correspondence will be added to the public record of the proceeding.

As set out in section 39 of the Telecommunications Act (the Act) and in Broadcasting and Telecom Information Bulletin CRTC 2010-961, “Procedures for filing confidential information and requesting its disclosure in Commission proceedings,” persons may designate certain information as confidential. A person designating information as confidential must provide a detailed explanation on why the designated information is confidential and why its disclosure would not be in the public interest, including why the specific direct harm that would likely result from the disclosure would outweigh the public interest in disclosure. Furthermore, a person designating information as confidential must either file an abridged version of the document omitting only the information designated as confidential or provide reasons why an abridged version cannot be filed.

Sincerely,

Original signed by

Michel Murray
Director, Dispute Resolution and Regulatory Implementation
Telecommunications Sector

c.c.: Julie Boisvert, CRTC, 819-953-2421, julie.boisvert@crtc.gc.ca

Attach (1)

Request for information concerning Maskatel’s TN 85

  1. In TN 85, Maskatel’s proposal was that at the end of the initial minimum contract period, in the absence of any indication from the customer, wholesale Ethernet access would continue to be provided on an annual basis at the rates set out in the one-year contract then in effect.Footnote1 However, unlike NorthernTel, Footnote2 Maskatel did not mention the existence of a customer notification before the automatic renewal of the contract. Commission staff notes that in Telecom Decision 2008-22,Footnote3 the Commission found that notifications before automatic contract renewal were intended to comply with paragraph 7(h) of the Act.Footnote4 Staff is of the preliminary view that in the case of Maskatel’s Tariff, such a notification would also meet the objective of the Policy. Please indicate if Maskatel would agree to include such language in its Tariff as well, or if it would be opposed to this. In the latter case, please indicate why Maskatel deems it unnecessary to notify the customer before the contract period ends and how this will allow them to comply with paragraph 7(h) of the Act.
  2. As mentioned above, Maskatel indicated that it had used NorthernTel’s tariff pages as a model. However, NorthernTel’s item 10.1.05, Termination and Migration,Footnote5 does not appear to have been referenced for Maskatel's proposal. Please indicate if Maskatel would agree to include such an item in its Tariff as well, or if it would be opposed to this. If applicable, please indicate where wholesale customers can find information on termination or migration (e.g. termination fees, terms of service) and Footnote6 why the information is found in this location.
  3. Commission staff notes that NorthernTel states in its terms of service that it does not make any representation that these links will at all times be available in the quantities and at the locations specified by the registered Canadian Carrier or digital subscriber line (DSL) service provider co-locating in the company’s Central Office. The company also states that it will make every effort to make such links available on request.Footnote7 In items 12.2 and 12.7, Maskatel states that central office Ethernet links are available only in central offices where co-location is possible. Commission staff notes that Maskatel did not indicate, among others, that it would make every effort to ensure that the links would be available on request, as did NorthernTel.Footnote8 Please indicate if Maskatel would agree to include the same language as NorthernTel in their Tariff, or if it would be opposed to this. If applicable, please include the following:
    1. Similarities/differences between Maskatel and NorthernTel’s terms of service for central office Ethernet links, reasons for the differences, if any
    2. Where wholesale customers can find information on terms of service for central office Ethernet connecting links
    3. Why the information is found at this location
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