ARCHIVED -  Telecom Order CRTC 98-124

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Telecom Order

Ottawa, 9 February 1998
Telecom Order CRTC 98-124
The New Brunswick Telephone Company, Limited (NBTel), under Tariff Notices (TNs) 662, 663 and 664 dated 29 August 1997, proposed Special Assembly Tariff arrangements for the provision of space and power for the location of customer-provided equipment in the company's central office.
File Nos.: Tariff Notices 662, 663 and 664
1. NBTel described the proposed services as customer-designed arrangements which were filed as Special Assembly Tariffs due to limited anticipated demand.
2. Fundy Cable Ltd./Ltée (Fundy) argued that these space and power arrangements should be made available under NBTel's General Tariff item for co-location to address its concern that NBTel may be according the customers of the proposed arrangements an undue preference over other customers. Fundy submitted that the Commission should deny these applications pending resolution of its concerns.
3. The Commission considers that where a General Tariff rate exists for a telecommunications service, it is generally not appropriate to have different special assembly rates for a similar service. In the case of NBTel TNs 662, 663 and 664, the space and power components of the services are a large component of the proposed Special Assembly Tariffs and are similar to the co-location space and power services for which the Commission has approved General Tariff rates.
4. The Commission concludes that for space and power Special Assembly Tariffs, where such arrangements make use of floor space or electrical power services of the central office, charges are to be equal to the co-location General Tariff rates for these services.
5. The Commission acknowledges that space and power special assembly arrangements may also include other specific services for which recurring or non-recurring charges are appropriate and for which no General Tariff rate may exist.
6. The Commission requires, however, that tariff filings for such services be accompanied by information which indicates the derivation of the proposed recurring and non-recurring charges. Space and power quantities and the unit rates are to be identified and components of other charges are to be described, together with the unit rates being applied.
7. The Commission notes Fundy's concern regarding the potential for undue preference in the provision of space and power special assembly arrangements. The Commission confirms that where such arrangements are provided to one customer, it would generally require other customers to be provided access to similar arrangements under similar terms.
8. Accordingly, NBTel TNs 662, 663 and 664 are denied. The Commission would be prepared to consider applications for similar services which comply with the requirements indicated in this Order.
Laura M. Talbot-Allan
Secretary General
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