Telecom - Staff Letter addressed to the Distribution List

17 October 2023

Our reference: 1011-NOC2023-0056

VIA EMAIL

Distribution List

Subject: Tariff Notices filed pursuant to Telecom Notice of Consultation CRTC 2023-56, Notice of hearing – Review of the wholesale high-speed access service framework

In Notice of hearing – Review of the wholesale high-speed access service framework, Telecom Notice of Consultation 2023-56, dated 8 March 2023 (NoC 2023-56), the Commission directed all wholesale high-speed access (HSA) service providers^Footnote1 to file proposed tariffs and associated cost studies using the Phase II costing methodology, with supporting rationale, for fibre-to-the-premises (FTTP) facilities over aggregated wholesale HSA services by 24 April 2023, and to file new Phase II cost studies to establish rates for aggregated wholesale HSA services by 22 June 2023.

On 20 April 2023, the Commission issued a Secretary General letter, in which it approved Shaw’s request to exclude its legacy FTTP facilities from the tariff filings and associated cost studies that the company is required to produce. The Commission also granted the company an extension for it to file its tariff application providing for wholesale aggregated high-speed access services using FTTP access facilities and associated cost studies from 24 April 2023 to 24 August 2023.

On 4 May 2023, the Commission further issued a Secretary General letter to address additional extension requests, granting an extension to the deadlines to file the tariff applications and cost studies for all incumbent carriers, other than Shaw, for FTTP facilities over aggregated wholesale HSA services from 24 April 2023 to 31 May 2023.

On 29 June 2023, a Commission staff letter was issued stating that Commission staff is continuing its analysis of the tariff applications received from all incumbent parties related to NoC 2023-56 and that, as the need to dispose of many of these tariff applications is itself contingent on a policy decision yet to be made by the Commission, the applications will not be disposed of by the 45th business day following receipt of the applications.

On 8 September 2023, TekSavvy Solutions Inc. (TekSavvy) submitted a procedural request stating that updated tariff applications submitted by Bell Canada on 9 August 2023 (for tariff application 7664A) and 30 August 2023 (for tariff application 7671) had not been posted to the Commission’s website and, as a result, no process for intervention by interested parties had been launched.  TekSavvy requested that the Commission request that parties not file interventions with respect to Bell Canada’s, or any other wholesale HSA tariff applications, outside of those filed at the request of the Commission and for which a process is prescribed, until further notice.  The Commission could then ensure consistency and clarity, and would simplify the submission and review process, limiting the regulatory burden on all parties.

Commission staff notes that the tariff applications at issue, which provided updates in response to interventions and to correct errors in the original filings, have been posted within the existing tariff applications.  Commission staff recognizes that no specific process or timelines had been established for consideration of these updated tariff applications in the context of the proceeding initiated by NoC 2023-56. Commission staff is diligently pursuing its review of the tariff applications. In conducting its review, numerous areas of concern are being investigated which will require further analysis.

For efficiency purposes, Commission staff agrees with the proposal submitted by TekSavvy.  Commission staff requests that parties do not file interventions with respect to the wholesale HSA tariff applications until further notice. Parties will be advised as to the next steps in the evaluation process in the near future by way of a procedural letter, which will set out process for the filing of comments and replies, as well as for addressing deficiencies in the tariff applications, disclosure of confidential information, and interrogatories.

Sincerely,

Original signed by

Chris Noonan
Director, Competitive Services & Costing Implementation
Telecommunications sector

Distribution list

Bell Canada, bell.regulatory@bell.ca;
Cogeco, telecom.regulatory@cogeco.com;
Eastlink, regulatory.matters@corp.eastlink.ca;
RCCI, regulatory@rci.rogers.com;
SaskTel, document.control@sasktel.com;
Shaw, Regulatory@sjrb.ca;
TCI, regulatory.affairs@telus.com;
Videotron, regaffairs@quebecor.com;
CNOC, regulatory@cnoc.ca;
Community Fibre, ben@communityfibre.ca;
Comwave, legal@comwave.net;
Public Interest Advocacy Centre, jlawford@piac.ca;
TekSavvy, regulatory@teksavvy.ca;
Vaxination Informatique, jfmezei@vaxination.ca;
John Roman, johnphiliproman@gmail.com;
WaveDirect Telecommunications Limited, joanne@wavedirect.org;
Vaxxine Computer Systems Inc., president@vaxxine.com;
Truespeed Internet Services Inc., adam@truespeed.ca;
SkyChoice Communications, serge@skychoice.ca;
Securenet, info@securenet.net;
Secure by Design, kirk@secure-by-design.com;
OpenMedia, erin@openmedia.org;
Netrevolution inc., drouleau@gtvr.com;
National Capital FreeNet, execdir@ncf.ca;
IGS Hawkesbury Inc., jbogue@hawkmail.ca;
First Mile Connectivity Consortium, info@firstmile.ca;
Devtel Communications Inc., devin@devtelcommunications.ca;
CPC, campbell@campbellpatterson.com;
Canadian Anti-Monopoly Project (CAMP), keldon@antimonopoly.ca;
Beanfield, todd@beanfield.com;
Marc Nanni, mn_crtc@proton.me;
Competition Bureau, Conor.Parson@cb-bc.gc.ca;
Competition Bureau, crtc2023-56@cb-bc.gc.ca;
Coextro, skhandor@coextro.com;
Carry Telecom, frankw@carrytel.ca;
Execulink, yasmin.charania@execulinktelecom.ca;
Frontier Networks, cgooey@frontiernetworks.ca;
Citywide, david@yourcitywide.com;
CIK Telecom, jordan.d@ciktel.com;
British Columbia Broadband Association (BCBA), regulatory@bcba.ca

Date modified:

2023-10-17