Telecom - Staff Letter addressed to the Distribution List

Ottawa, 23 March 2023

Our reference:  8662-T117-202300268

BY EMAIL

Distribution List

RE:  Part 1 Application by TekSavvy Solutions Inc. to Address Undue Preferences Arising from Off-Tariff Agreements, pursuant to section 27(2) of the Telecommunications Act

Pursuant to section 37 of the Telecommunications Act (the Act) and section 28 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, Bell Canada and Rogers Communications Canada Inc. (RCCI) are to file responses to the questions set out in the attachment by 11 April 2023. These submissions must be received, not merely sent, by that date.

As set out in section 39 of the Telecommunications Act and in Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin 2010-961, as amended by Broadcasting and Telecom Information Bulletin 2010-961-1, persons may designate certain information as confidential. A person designating information as confidential must provide a detailed explanation of 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 be likely to 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

Philippe Kent
Director, Telecommunications Services Policy
Telecommunications Sector

c.c.: Andrew Gaiero, CRTC, Andrew.Gaiero@crtc.gc.ca
Peter Keriakos, CRTC, Peter.Keriakos@crtc.gc.ca

Distribution List

Bell Canada: bell.regulatory@bell.ca;
Rogers Communications Canada Inc.: regulatory@rci.rogers.com;
TekSavvy Solutions Inc.: regulatory@teksavvy.ca

Requests for information

To Bell Canada and Rogers Communications Canada Inc.:

  1. Provide a table summarizing the off-tariff agreements or arrangements referenced by TekSavvy within the corresponding Part 1 Application (i.e., any between Bell Canada and EBOX, as well as those between RCCI, or an affiliate, and Videotron). Include the following information: name of competitor, type of wholesale service or arrangement provided, date of entry into effect along with the corresponding end date (if applicable), and status (i.e., in effect/currently negotiating/expired/terminated, etc.). Use the following format:
    Off-Tariff Agreements /Arrangements Summary – Response to Q1
    Name of Competitor Type of Wholesale Service / arrangement Start and End Dates (if applicable) of Agreement Status (In Effect/Expired/Terminated/Currently Negotiating)

If no formal agreement is in place, describe in detail what other arrangements (including tentative or proposed agreements) are contemplated between yourselves (and your affiliates) with any competitors referenced by TekSavvy within the corresponding Part 1 Application.

  1. Provide a copy of your most recent off-tariff agreements with the entities referenced by TekSavvy within the corresponding Part 1 Application, as well as all other off-tariff agreements for wholesale high-speed Internet access that have been entered into with any other provider since 01 January 2020. In addition, where any previously existing off-tariff agreements have been modified or updated into current agreements (or items added or removed), indicate where changes have been made. Use the following format:
    Off-Tariff Agreement Changes – Response to Q2
    Name of Competitor Name of Previous Agreement (if applicable) Name of Current Agreement Details of Changes
  2. Provide the following information regarding processes/protocols for negotiating off-tariff agreements with competitors:
    1. Do you use templates for rates, terms, and/or conditions when negotiating such agreements?
    2. If so:
      1. Specify whether such templates are used only in relation to certain services, or for all services, and identify all relevant services;
      2. Specify what these template agreements cover (e.g., terms and conditions, but not rates); and,
      3. Identify where these terms, conditions, rates, and any other criteria differ from the tariffed service.
  3. Provide a list of all the competing service providers that you, or an affiliate, have acquired since 01 January 2020. Provide a list of all competing service providers that you, or an affiliate, have held formal discussions with for the purpose of corporate acquisition since 01 January 2020, indicating the timeframe and the status of those discussions.

To Bell Canada

  1. Provide any agreements or other documents which set out the terms of the relationship between Bell Canada and EBOX. Describe the current business relationship between Bell Canada and EBOX and how that relationship is similar or dissimilar with Bell Canada’s current flanker brands (e.g., Virgin Plus). Explain how EBOX operations are managed, including how EBOX operations have been integrated into Bell Canada’s operations, since its acquisition by Bell Canada. Describe any future plans for the EBOX brand within Bell Canada’s operations (e.g., EBOX customers are being migrated to Bell).
  2. Indicate whether there are any EBOX retail customers currently being served by another wholesale provider’s high-speed access services. For example, whether there currently EBOX retail customers relying on Videotron’s Third Party Internet Access (TPIA) service. If such customers exist, indicate whether there are plans to migrate them away from such wholesale services and provide the details associated with these plans. Moreover, provide a copy of any agreements, including any rates, terms, and/or conditions, associated with the provision of these wholesale services for EBOX retail customers.
  3. Provide a network architecture diagram for EBOX. The diagram should clearly identify network function elements and provide details if these elements are owned, hosted, and operated by EBOX or by another entity (e.g., leased or outsourced; and, if yes, then from whom). Also, include the details about EBOX peering arrangements and demonstrate how Internet traffic is routed from an EBOX end-customer to Bell Canada’s network.

To TekSavvy Solutions Inc.

  1. Provide a copy of your off-tariff agreements for wholesale high-speed Internet access that have been entered into with any other provider since 01 January 2020. In addition, where any previously existing off-tariff agreements have been modified or updated into current agreements (or items added or removed), indicate where changes have been made. Use the following format:
    Off-Tariff Agreement Changes – Response to Q2
    Name of Competitor Name of Previous Agreement (if applicable) Name of Current Agreement Details of Changes
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