ARCHIVED -  Telecom Order CRTC 95-882

Telecom Order

Ottawa, 4 August 1995

Telecom Order CRTC 95-882

IN THE MATTER OF an application filed by AGT Limited (AGT) under Tariff Notice 639 dated 14 July 1995 for approval of tariff revisions related to access to its cable support structures.

WHEREAS, in Access to Telephone Company Support Structures, Telecom Decision CRTC 95-13, 22 June 1995 (Decision 95-13), the Commission established rates and basic principles to apply to access to AGT's support structures;

WHEREAS, in Decision 95-13, AGT was directed to issue tariff pages implementing the Decision, with an effective date of 1 August 1995;

WHEREAS AGT did not, at the time of Decision 95-13, have in place a generally applicable tariff providing for access to its support structures;

WHEREAS, in Tariff Notice 639, AGT filed proposed tariff provisions governing access to its support structures;

WHEREAS AGT stated in its application that it was preparing the Support Structure License Agreement, to which it referred in its proposed tariffs, and that it would file the draft Agreement for the Commission's approval on or before 1 August 1995;

WHEREAS the Commission has reviewed Tariff Notice 639;

WHEREAS the Commission is of the view that certain of the proposed provisions either do not comply with Decision 95-13 or raise issues that were not dealt with in the proceeding leading to the Decision;

WHEREAS the Commission considers it appropriate to seek comment with regard to Tariff Notice 639; and

WHEREAS the Commission also considers it appropriate that general tariffs providing for access to AGT's support structures be put in place as soon as possible, as contemplated by Decision 95-13 -

IT IS HEREBY ORDERED THAT:

1. The following provisions in Tariff Notice 639 are granted interim approval:

a) Item 910.1;

b) Item 910.2 - Sub-items 1, 2, 4 and 6;

c) Item 910.3 - Sub-items 1 through 3, 5(a), 7, 8, 10 through 18, 20 through 22, 25 through 31, 36, 37, 39 and 40;

d) Item 910.5 - Sub-items 2, 4 and 5;

e) Item 910.6 - Sub-items 1, 2(a) through 2(d), 2(g) and 3 through 5; and

f) Item 910.7 - Sub-items 1(b), 1(c) and 1(f).

2. The following provisions are granted interim approval, amended as set out below:

a) Item 910.2, Sub-item 3

"'Licensee' means a cable television undertaking duly licensed or exempted by the Commission, or a telecommunications common carrier as defined in the Telecommunications Act (Canada), that has been granted License(s) pursuant to the terms and conditions of this Tariff and the Support Structure License Agreement."

b) Item 910.2, Sub-item 5

"'Support Structure' means supporting structures, including poles, conduits, strand and manholes (but excluding central office vaults) which AGT owns or which AGT does not own but for which it has the right to grant licenses thereto."

3. Item 910.3, Sub-item 6 is granted interim approval, with the deletion of the initial words "subject to Item 910.5(c) and".

4. Item 910.3, Sub-item 9, is granted interim approval, with the addition, at the end, of the following words: "provided that those restrictions do not unreasonably impede access by other telecommunications common carriers or cable television undertakings."

5. Item 910.3, Sub-item 19, is granted interim approval, with the addition, at the end, of the following words: "provided that those standards are based on safety and technical requirements and do not unreasonably impede access by other telecommunications common carriers or cable television undertakings."

6. Item 910.3, Sub-item 24, is granted interim approval, with the deletion of the initial words, "notwithstanding Item 910.2.23(a)".

7. Item 910.3, Sub-item 32, is granted interim approval, with the deletion of the words "on terms and conditions and at rates to be agreed upon by the parties."

8. The following provision is granted interim approval, in place of AGT's proposed Item 910.3, Sub-item 34: "Should any taxes be levied upon AGT's property solely because of the Licensee's use thereof, the Licensee shall pay the amount of such taxes to AGT within seven (7) days after receiving from it a copy of the tax bill or other writing showing the amount of the taxes and that they are solely based upon the Licensee's use. AGT shall then pay such taxes under protest. However, failure to pay under protest will not cause loss of AGT's right to such payment by the Licensee unless the Licensee thereby suffers any prejudice. The Licensee shall be free to negotiate with the taxing authority or to institute legal proceedings against the taxing authority to have such taxes cancelled, reduced or declared void. Any refund received by AGT in connection with such taxes shall be paid over to the Licensee with such interest as AGT will have received from the taxing authority in respect thereof."

9. Item 910.3, Sub-item 38, is granted interim approval, with the deletion of the last sentence.

10. Item 910.5, Sub-Item 1, is granted interim approval, with the amount specified to be one million dollars ($1,000,000.00).

11. Item 910.6, Sub-item 2(e), is granted interim approval, with the deletion of the words "or insolvent".

12. The following provision is granted interim approval, to be added as Item 910.6, Sub-item 6: "If AGT shall default in any of its obligations under the Agreement or under this Tariff for the use of support structures and fail to correct such default within 30 days after notice from the Licensee, the Licensee may at its option and after reasonable advance notice to AGT terminate this Agreement."

13. Item 910.7, Sub-item 1(a) is granted interim approval, with the deletion of the last sentence.

14. Item 910.7, Sub-item 2, is granted interim approval, with the following changes:

a) the words "Each Pole" are substituted for the words "AGT owned Pole Space, each strand" in the first column of the fourth line of the chart;

b) the words "Each Strand, each 30 meters (or equivalent)" are substituted for the words "Joint Use Pole Space, each strand" in the first column of the fifth line of the chart;

c) the amount "$0.20" is substituted for the words "Item 910.7.1(c)" in the second column of the fifth line of the chart;

d) the seventh line of the chart is deleted; and

e) the following words are added to Note 2: "In the event of a dispute between AGT and the Licensee (or applicant) respecting the reasonableness of this fee, either party may apply to the Canadian Radio-television and Telecommunications Commission for adjudication."

15. By 18 August 1995, AGT is to serve copies of Tariff Notice 639, together with copies of the Support Structure License Agreement and this Order, on the Canadian Cable Television Association (CCTA), CCTA - Pacific Region, and all cable television undertakings and telecommunications common carriers operating in AGT's territory.

16. Persons served pursuant to Paragraph 15, and any other interested persons, may file comments with the Commission, serving copies on AGT, by 15 September 1995.

17. AGT may file a reply, serving copies on all those who filed comments, by 29 September 1995.

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

Allan J. Darling
Secretary General