Competitive Local Exchange Carriers (CLECs)
Competitive local exchange carriers provide local voice services. These are companies that are in competition with traditional telephone companies (otherwise known as the ILECs).
Reference Files:
- 2000-11-30 - Decision CRTC 2000-745 Changes to the contribution regime - Reference: 8695-C12-05/99
- 2002-05-31 - Decision CRTC 2002-35 Changes to the annual contribution reporting requirements - Reference: 8638-C12-45/00
- 2002-07-26 - Decision CRTC 2002-43 Implementation of price regulation for Télébec and TELUS Québec
- 2004-07-14 - Telecom Decision CRTC 2004-46 The Commission modifies the regulatory framework for the interconnection of local exchange carriers. Reference: 8643-C25-01/99, 8643-C12-07/01 and Bell Canada Tariff Notice 6597
- 2005-03-16 - Telecom Decision CRTC 2005-14 Competitive local exchange carrier access to incumbent local exchange carrier operational support systems. Reference: 8621-C12-200404327
- 2005-05-12 - Telecom Decision CRTC 2005-28 Regulatory framework for voice communication services using Internet Protocol. Reference: 8663-C12-200402892
Responsibilities
To become a Competitive Local Exchange Carrier (CLEC), an entity must meet the CLEC obligations set out in Local Competition, Telecom Decision CRTC 97-8, 1 May 1997 (Decision 97-8), as amended from time to time.
The CLEC obligations are listed in a tabular format (Table of Obligations). This table has been updated to reflect the modifications that are the result of decisions subsequent to Decision 97-8.
It has also been revised for greater ease of reference. The obligations are now classified by type of requirement. For example, the table lists the obligations by title, such as "CLEC Tariff/Agreement Filings Obligations". Futhermore, the various types of CLECs have been identified as either Type I, II, III or IV CLECs. See the definitions below for further information on the various types of CLECs.
The Table of Obligations is in column format. As a general rule, the obligations listed are to be met by the proposed CLEC itself. However, for those proposed CLECs qualifying as either a type III or type IV proposed CLEC, a number of the obligations can be met through an arrangement with a third party. Furthermore, proposed CLECs that would qualify as a Type IV CLEC have been relieved from some obligations altogether.
Notes:
When a qualifying proposed CLEC selects to meet some of its CLEC obligations through a third party, this most likely would entail that a specific business arrangement will be reached between the two parties. It is anticipated that the arrangement would clearly indicate both which of the itemized CLEC obligations described in the Table of Obligations will effectively be met by the third party on behalf of the proposed CLEC and how the third party will proceed to meet the proposed CLEC’s relevant obligation or obligations.
In all cases, where an obligation is required to be met by the proposed CLEC itself, it is shown as "Required" in the table.
Definitions
A Type I CLEC also known as a full CLEC is a Canadian carrier providing local exchange services and who fulfills all the local competition entry obligations and requirements as defined in Decision 97-8 and subsequent decisions that have modified the requirements set out in Decision 97-8.
A Type II CLEC also known as a wireless CLEC is a wireless Canadian carrier as defined in the Radio-Communications Act, which offers local exchange services using wireless mobile technology, and chooses to utilize the CLEC interconnection regime and commits to fulfilling all of the CLECs’ obligations.
A Type III CLEC is a non-dominant Canadian carrier that relies on the facilities of a third party local exchange carrier (LEC), either directly or through a resale arrangement, generally for switching and/or interconnection to other LECs to provide VoIP local services. It could also be a CLEC that exceeds the 10,000 customers’ threshold thereby precluding it from qualifying as a Type IV CLEC (see definition below). A Type III CLEC could also be an otherwise qualifying Type IV CLEC that ceases to offer local VoIP services through a resale arrangement with another telecommunications service provider and offers these services through its own resources (Telecom Decision CRTC 2006-58 para. 85). A Type III CLEC is to meet its CLEC obligations either directly or, where permitted, through a third party, i.e.: the underlying LEC (Telecom Decisions CRTC 2005-28 at paras. 343-344 and Telecom Decision CRTC 2007-49 para. 16).
A Type IV CLEC also known as a Group 2 CLEC or ‘small CLEC’Note de bas de page 1 is defined as a non-dominant Canadian carrier that offers local VoIP services through a resale arrangement with another telecommunications service provider (third party) and has fewer than 10,000 local exchange service telecommunications subscribers. A number of specific CLEC obligations and requirements could be fulfilled on behalf of the small CLEC by the third party. The 10,000 local exchange service subscribers’ threshold applies to the total number of VoIP local service subscribers that the CLEC has in all the exchanges served, irrespective of other services such as internet access.
Notes:
- CLECs that wish to offer service in the territories of the Small Incumbent Local Exchange Carriers (SILECs) are reminded that the process set out at paragraphs 160 and following of Telecom Decision CRTC 2006-14 will apply.
- A Digital Subscriber Line Provider (DSLP) that obtained unbundled loops, connecting links and co-location from the ILECs, does not have to apply for CLEC status if it wishes to offer local exchange services solely by means of VoIP technology. See Telecom Decision CRTC 2005-28 par. 446.
- A CLEC that is approved under one of the types defined above will be subject to completing other applicable obligations if the conditions for its original qualification as a given type no longer apply. For example, if a CLEC applied as a small CLEC with less that 10,000 subscribers and this threshold is exceeded, then those obligations which were modified for small CLECs will no longer apply and must be completed within six months. See Telecom Decision CRTC 2006-58 par. 85.
Summary of Competitive Local Exchange Carrier (CLEC) Responsibilities and documents to be filed with the CRTC for approval
Disclaimer: This summary has been prepared for information purposes only. Interested parties are to read the relevant decisions for more clarity. Future decisions may affect the listed obligations. In the event of a conflict between this table and any Commission decision/directive, the decision/directive shall apply.
Legend- Required: A mandatory obligation that must be met by the proposed CLEC.
- By third Party: A mandatory obligation that must be met by the proposed CLEC itself or through an arrangement with a third party.
- Relieved: An obligation that the proposed CLEC is not required to meet.
| Pre-Entry Obligations for Proposed Competitive Local Exchange Carriers (CLECs) | Requirement to Fulfill Obligations and Associated References | ||||||
|---|---|---|---|---|---|---|---|
| Type I CLECs | Type II CLECs | Type III CLECs | Type IV CLECs | ||||
| 1 | Attest to the Commission that the proposed CLEC understands and will conform to the obligations set out in Telecom Decision 97-8, as modified from time to time. | Required Telecom Decision 97-8 par. 295(1) |
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| 2 | Identify the exchange(s) and the associated province(s) in which local service is to be provided. | Required Telecom Decision 2011-809 par. 16 |
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| 3 | Attest to the Commission that the proposed CLEC is Canadian owned and controlled within the meaning of the Canadian Telecommunications Common Carrier Ownership and Control Regulations issued under the authority of section 22 of the Telecommunications Act (the Act) available at http://laws-lois.justice.gc.ca/eng/acts/T-3.4/. | Required s. 16 and 22 of the Act |
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| 4 | Register with the Commission using the electronic Data Collection System (DCS) and complete the associated forms (i.e. the registration and ownership forms). Ensure ongoing compliance with the Canadian Telecommunications Common Carrier Ownership and Control Regulations, including the filing of ownership reports. | Required Telecom Circular 2003-1, Telecom Circular 2005-4, and s. 16 of the Act |
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| CLEC Tariff / Agreement Filing Obligations | |||||||
| 5 | File an Access Services Tariff for Commission approval. (Based on the most recent version of the CLEC Model Tariff. Any departure from the CLEC Model Tariff needs to be justified.) Follow process described under Telecom application checklists and Frequently Asked Questions page. |
Required Telecom Decision 97-8 par. 190, 192, and 279 |
Required (Modified Tariff) Telecom Decision 2006-58 par. 101 |
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| 6 | Enter into a master agreement for local interconnection (MALI) (the most recently approved version) with other local exchange carriers (LECs) and file Schedule C with the Commission. Follow process described under Telecom application checklists and Frequently Asked Questions page. Note: Pursuant to Telecom Decision 2007-129, LECs must file a quarterly report listing new template-based MALIs entered into with other LECs. If an executed MALI departs from the template, LECs must file the complete MALI for Commission approval. |
Required Telecom Decision 97-8 par. 27, 28, 40, 41, 206, and 282 |
Required Telecom Decision 2006-58 par. 101 |
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| 7 | File proposed tariffs for interexchange equal access. (Based on the most recent version of the CLEC Model Tariff. Any departure from the CLEC Model Tariff needs to be justified.) Follow process described under Telecom application checklists and Frequently Asked Questions page. Note: This obligation is to be fulfilled by an applicant CLEC only in those exchanges where an ILEC supports equal access. |
Required Telecom Decision 97-8 par. 190 Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Regulatory Policy 2012-24 par. 94 |
Required (Model CLEC Tariff) Telecom Decision 97-8 par. 190 and Telecom Decision 2006-58 par. 101 Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Decision 2006-58 par. 107 |
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| 8 | Enter into a LEC/IXC (interexchange carrier) Agreement (most recently approved version) Note: Pursuant to Telecom Decision 2007-129, LECs must file a quarterly report listing new template-based LEC/IXC agreements entered into with other IXCs. If an executed LEC/IXC agreement departs from the template, LECs must file the complete LEC/IXC agreement for Commission approval. Follow process described under Telecom application checklists and Frequently Asked Questions page. Note: This obligation is to be fulfilled by an applicant CLEC only in those exchanges where an ILEC supports equal access |
Required Telecom Decision 97-8 par. 295(3) Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Regulatory Policy 2012-24 par. 94 |
By third party Telecom Decision 2006-53 par. 114-115 and Telecom Decision 2006-58 par. 109 Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Decision 2006-58 par. 107 |
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| 9 | Supply subscriber directory listings to other LECs that serve the exchanges in which the proposed CLEC plans to offer service. File the unexecuted template Basic Listing Interchange File Agreement (BLIF) for Commission approval. Any departure from the BLIF agreement template needs to be justified. |
Required Telecom Decision 97-8 par. 227 |
Relieved Telecom Regulatory Policy 2012-24 par. 94 |
Required Telecom Decision 2006-58 par. 89, 92, and 101 |
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| 10 | Provide 9-1-1 of next-generation (NG9-1-1) service where an ILEC offers the service and file a 9-1-1 agreement if required. Note: 9-1-1 service is currently provided by public safety answering points via the incumbent local exchange carriers (ILECs). A 9-1-1 agreement with the ILEC is obligatory when 9-1-1 service is provided through the ILEC. In the event that a proposed CLEC enters into a direct interconnection arrangement with a PSAP, the proposed CLEC would not be required to submit this arrangement for Commission approval but would instead be required to file an attestation that such an arrangement has been finalized. |
Required Telecom Decision 97-8 par. 286 Telecom Regulatory Policy 2011-771 par. 64 |
Required Telecom Decision 2003-53 par. 83, 85-89, 91 Telecom Regulatory Policy 2011-771 par. 64 |
By third party Telecom Decision 2005-21 par. 19, 52, 68, 93, and 98 Telecom Decision 2006-58 par. 87 Telecom Regulatory Policy 2011-771 par. 64 |
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| 11 | Provide message relay service (MRS) and file an MRS agreement if required. Note: When MRS is provided through an agreement with the ILEC, the proposed CLEC is required to file this agreement for Commission approval. |
Required Telecom Decision 97-8 par. 286 |
By third party Telecom Decision 2007-49 par. 19 |
By third party Telecom Decision 2006-58 par. 87 |
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| 12 | File a Primary Interexchange Carrier/Customer Account Record Exchange (PIC/CARE) Access Customer Handbook in accordance with Part 1 of the CRTC Rules of Practice and Procedure. Note: Only required if an IXC requests direct interconnection. Complete all required documents as specified in the Broadcasting and Telecom Regulatory Policy CRTC 2010-958. |
Required Telecom Decision 97-8 par. 276 and 279 In Northwestel’s operating territory: Required only in those exchanges where Northwestel offers equal access Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Regulatory Policy 2012-24 par. 94 |
By third party Telecom Decision 2006-58 par. 107 In Northwestel’s operating territory: Required only in those exchanges where Northwestel offers equal access Telecom Regulatory Policy 2011-771 par. 64 |
Relieved Telecom Decision 2006-58 par. 107 |
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| Proposed CLEC Entry Obligations | |||||||
| 13 | Advise the Commission that the proposed CLEC has obtained a central office (CO) code (NXX) per local interconnection region (LIR) for routing purposes, for each LIR in which it intends to provide service. To obtain a CO code, the proposed CLEC should contact the Canadian Numbering Administration Consortium, which is responsible for the Canadian Numbering Administrator (CNA). The CNA provides information on procedures, guidelines, application forms, and current or upcoming area code relief planning activities and related service provider obligations (e.g. numbering resource utilization forecast or NRUF input). See www.cnac.ca |
Required Telecom Decision 2007-23 par. 72 |
By third party (one CO code per LIR) Telecom Decision 2007-49 par. 16 |
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| 14 | Advise the Commission that the proposed CLEC has obtained a CO code (NXX) for each exchange in which it intends to assign numbers to customers. To obtain a CO code, see 13 above and www.cnac.ca |
Required Telecom Decision 97-8 par. 23 and Telecom Decision 2007-23 par. 30 |
Required Telecom Decision 2007-23 par. 30 |
By third party Telecom Decision 2007-23 par. 30 and 45 and Telecom Decision 2007-49 par. 16 |
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| 15 | Attest to the Commission that the proposed CLEC has implemented local number portability (LNP). Proposed CLECs are required to join the Canadian Local Number Portability Consortium (CLNPC) and to participate in CLNPC activities, as recommended to all industry members. See: www.clnpc.ca |
Required Telecom Decision 97-8 par. 282 |
Third Party Telecom Decision 2006-58 par. 113 |
Outbound: By third party Inbound: Optional Telecom Decision 2006-58 par. 113 |
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| 16 | Attest to the Commission that the proposed CLEC will meet all existing and future regulatory requirements designed to protect customer privacy. These requirements include the following:
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Required Telecom Decision 97-8 par. 288 and 295(4) |
Required Telecom Decision 2006-58 par. 101 |
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| 17 | Provide the following information to the Commission and make it available to existing and potential customers, upon request:
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Required Telecom Decision 97-8 par. 292 and 295(4) |
Required Telecom Decision 2006-58 par. 87 |
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| 18 | Provide the following information to the Commission and make it available to existing and potential customers, upon request:
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Required Telecom Decision 97-8 par. 292 and 295(4) |
Make the information available upon request only Telecom Regulatory Policy 2012-24 par. 94 |
Required Telecom Decision 2006-58 par. 87 |
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| 19 | Make serving area maps available at company business offices upon request. | Required Telecom Decision 97-8 par. 291 and Telecom Decision 2011-809 par. 17 |
Required Telecom Decision 2006-58 par. 87 and Telecom Decision 2011-809 par. 17 |
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| 20 | Provide the following information to the Commission and to existing and potential customers before the proposed CLEC accepts service contracts:
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Required Telecom Decision 97-8 par. 293 and 295(4) |
Required Telecom Decision 2006-58 par. 87 |
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| 21 | Attest to the Commission that the proposed CLEC will abide by Commission directives regarding the confidentiality of customer information established in Telecom Decision 86-7, as modified from time to time. | Required Telecom Decision 97-8 par. 289 and Telecom Decision 2003-33 |
Required Telecom Decision 2003-33 and Telecom Decision 2006-58 par. 87 |
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| 22 | Attest to the Commission that the proposed CLEC will abide by Commission directives on the provision of billing information and billing inserts in alternative formats, as modified from time to time. | Required Telecom Order 98-626 |
Required Telecom Order 98-626 and Telecom Decision 2006-58 par. 87 |
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| 23 | Attest to the Commission that the proposed CLEC will abide by the Commission directives to ensure that end-users are able to have direct access, under reasonable terms and conditions, to services provided by any other LEC serving in the same area. | Required Telecom Decision 2003-45 par. 141, 151 and 152 |
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| Filing Completion | |||||||
| 24 | Serve the documentation filed with the Commission on all other LECs serving exchanges in which the proposed CLEC plans to offer service, and on all other entities that have proposed to provide service in compliance with the above-mentioned entry obligations. | Required Telecom Decision 97-8 par. 295(1), (2) and (4) |
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| 25 | Notify the Commission once the CLEC obligations set out in Telecom Decision 97-8, as modified from time to time, have been met. This notification should include a description of how each obligation has been met and a reference to the relevant Commission determination(s). Serve a copy of the notification on other LECs providing service in the exchanges in which the proposed CLEC is proposing to provide service. | Required Telecom Decision 97-8 par. 295(1), (2) and (3) |
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| Other Obligations | |||||||
| 26 | File annual contribution revenue information. Contact Michael Bergeron, Manager Canadian Radio-television and Telecommunications Commission 1 Promenade du Portage Gatineau, Quebec K1A 0N2 Phone: 819-997-4852 Fax: 819-994-0218 Email: michael.bergeron@crtc.gc.ca |
Required Telecom Decision 2000-745 and summarized in Telecom Information Bulletin 2019-396 |
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| 27 | Contact the Canadian Telecommunications Contribution Consortium Inc. (CTCC) to become a shareholder. Online: www.fasken.com |
Optional | |||||
References:
- Date modified: