ARCHIVED - Telecom Order CRTC 97-360
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Telecom Order |
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Ottawa, 11 March 1997
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Telecom Order CRTC 97-360
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IN THE MATTER OF an application by Mountain Cablevision Limited (Mountain) under Tariff Notice 1 dated 28 January 1997, for approval of a tariff regarding the introduction of its WAVE high-speed Internet Access Service.
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WHEREAS this application was filed in accordance with Regulation of Broadcasting Distribution Undertakings that Provide Non-Programming Services, Telecom Decision CRTC 96-1, 30 January 1996 (Decision 96-1);
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WHEREAS the Commission concluded in Decision 96-1 that cable distribution undertakings and other broadcasting distribution undertakings that own or operate a "transmission facility", as defined in the Telecommunications Act, are "telecommunications common carriers" when they use their distribution networks to provide a full channel TV service or other non-programming service to the public for compensation, including the provision of access to others to use their facilities to provide these services;
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WHEREAS in Decision 96-1, the Commission stated that it intended to initiate a proceeding through a separate Public Notice to consider issues relating, among other things, to tariffing and forbearance with respect to non-programming services other than a full channel TV service provided by Broadcasting Distribution Undertakings;
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WHEREAS, on 6 December 1996, the Commission issued Telecom Public Notice CRTC 96-36 Regulation of Certain Telecommunications Services Offered by Broadcast Carriers (PN 96-36);
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WHEREAS Decision 96-1 required that where a Broadcasting Distribution Undertaking wishes to introduce a non-programming service other than a full channel TV service before the Commission releases its decision respecting the appropriate regulatory treatment of such non-programming services, the carrier must file a proposed tariff for that service for Commission approval;
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WHEREAS Decision 96-1 also required that any such filing should demonstrate that the carriers' analog capacity is sufficient to deal appropriately with issues of third party access for the provision of like services;
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WHEREAS in its application, Mountain expressed confidence regarding the availability of sufficient capacity to accommodate third party access to its distribution system; and
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WHEREAS the Commission intends to make a final determination regarding this application following its decision with respect to PN 96-36 -
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IT IS HEREBY ORDERED THAT:
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The proposed tariff revisions submitted by Mountain under Tariff Notice 1 are approved on an interim basis.
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Allan J. Darling
Secretary General |
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- Date modified: