Telecom Order CRTC 2024-100

Ottawa, 9 May 2024

Public record: Bell Canada Tariff Notices 7664, 7664A, 7664B, and 7664C and TELUS Communications Inc. Tariff Notices 583, 657, 657A, and 657B

Bell Canada and TELUS Communications Inc. – Tariff applications filed pursuant to Telecom Decision 2023-358

Summary

In Telecom Notice of Consultation 2023-56, the Commission initiated a proceeding to review its wholesale high-speed access (HSA) service framework. In Telecom Decision 2023-358, the Commission directed Bell Canada and TELUS Communications Inc. (TCI) to provide competitors with access to their fibre-to-the-premises (FTTP) facilities over aggregated wholesale HSA services, on an interim basis, within Ontario and Quebec. These services provide competitors with a workable way to sell Internet services using fibre access facilities.

The Commission set out interim rates for these services in Telecom Decision 2023-358. Bell Canada and TCI have filed several tariff applications with the Commission that include, among other things, terms and conditions for the aggregated FTTP access services.

In this order, the Commission directs Bell Canada and TCI to issue revised interim tariff pages that reflect (i) the interim rates set out in Telecom Decision 2023-358 and (ii) the terms and conditions for these interim services.

Background

In Telecom Notice of Consultation 2023-56, the Commission directed the large incumbent local exchange carriers (ILECs)^{Footnote 1} – including Bell Canada and TELUS Communications Inc. (TCI) – and cable carriers to file proposed tariffs and cost studies for fibre-to-the-premises (FTTP) facilities over aggregated wholesale high-speed access (HSA) services (aggregated FTTP access services). These services provide competitors with a workable way to sell Internet services using fibre access facilities.
In response, Bell Canada filed proposed tariff pages in Tariff Notices (TN) 7664 and 7664A, which include, among other things, terms and conditions for its aggregated FTTP access service.
Similarly, TCI filed proposed tariff pages for its aggregated FTTP access service in its Quebec operating territory in TN 657, including cost studies and proposed rates. Terms and conditions were not included in these tariff pages because the company stated that it would provide proposed terms and conditions for Quebec once TN 583 (which includes TCI’s proposed tariff pages for Alberta and British Columbia) was approved.
In Telecom Decision 2023-358, the Commission determined, among other things, that Bell Canada and TCI would be required, on an interim basis, to provide access to their aggregated FTTP access services to competitors in Ontario and Quebec by 7 May 2024 at the interim rates set out in that decision.
On 9 February 2024, TCI filed an amendment (TN 657B) proposing terms and conditions for TCI’s aggregated FTTP access service in Quebec, the removal of several service speeds, and the withdrawal of the E100 network-to-network interface option.
On 4 April 2024, Bell Canada filed an amendment (TN 7664C) in which the company provided revised tariff pages, including terms and conditions and updated rates to reflect the Commission’s interim determinations in Telecom Decision 2023-358. Bell Canada also proposed the introduction of two new business speed tiers, the removal of a business speed tier, amendments to certain residential speeds, as well as wording clarifications and housekeeping changes to the tariff pages.
The Commission received interventions in relation to the terms and conditions in Bell Canada’s and TCI’s amended applications from the Competitive Network Operators of Canada, TekSavvy Solutions Inc., and Vaxination Informatique.

Commission’s analysis

The terms and conditions proposed by Bell Canada and TCI relate to a service currently being introduced on a temporary basis. To ensure prompt and proper implementation of the interim aggregated FTTP access service, the Commission considers that approval of interim terms and conditions is required.
The Commission considers that additional process is needed before final terms and conditions for Bell Canada’s and TCI’s interim services can be set. Furthermore, a more fulsome record is needed on the proposed terms and conditions for all companies that may be required to provide aggregated FTTP access services in the future. Accordingly, the Commission considers that final terms and conditions can be set when the broader HSA proceeding is completed, should a decision be made to mandate the wholesale provision of aggregated FTTP access services.

Conclusion

In light of all of the above, the Commission directs Bell Canada and TCI to issue revised interim tariff pages reflecting (i) the interim rates set out in Telecom Decision 2023-358 for aggregated FTTP access services, and (ii) the terms and conditions proposed in TN 7664 (for Bell Canada) and 657B (for TCI), for the companies’ operating territories in Ontario and Quebec, within five days of the date of this order.
The Commission will establish a process to consider final terms and conditions for aggregated FTTP access services prior to final rates being established, should the Commission ultimately mandate such a service.
The Commission acknowledges that some other matters were raised in the tariff applications submitted following the proceeding initiated by Telecom Notice of Consultation 2023-56. The matters of service speed removals, new service speed introductions, and service speed changes will be dealt with by the Commission separately.

Secretary General

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