ARCHIVED -  Telecom Order CRTC 98-338

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Telecom Order

Ottawa, 9 April 1998
Telecom Order CRTC 98-338
By letter dated 12 February 1998, AC5 Holdings Ltd. (AC5) (1) indicated that it was cancelling its reseller status and (2) requested that the Commission grant an exemption from contribution charges for a voice mail configuration. AC5 stated that it intends to convert its configuration from interexchange joint-use voice service to a voice mail/fax mail service and requested a disposition of its request for an exemption prior to proceeding with its proposed configuration. AC5 provided a diagram of its proposed voice mail/fax configuration.
File No.: 8626-D12-01/98
1. By letter dated 19 February 1998, BC TEL submitted that: (1) AC5's letter be treated as an application for exemption from contribution; and (2) AC5's diagram constitutes a configuration which provides a local service. BC TEL stated that it would therefore agree to an exemption from contribution, subject to AC5 filing an affidavit attesting to the fact that there are no interexchange private lines connected to AC5's equipment.
2. BC TEL submitted that with respect to the request for cancelling its reseller status, under its proposed configuration, AC5 would remain a reseller and should, therefore, continue to be registered.
3. By fax dated 9 March 1998, AC5 provided an affidavit dated 23 February 1998.
4. By letter dated 11 March 1998, BC TEL stated that in paragraph 4 of the affidavit, AC5 stated: "No interexchange private line services of (sic) local private line services, whether provided by B. C. Tel or any other supplier, are anticipated to be connected to the above referenced services, or to any telephone equipment which is connected to the above-referenced services."
5. BC TEL submitted that the phrase "anticipated to be connected" attests to a future condition and leaves in question the present status of AC5's configuration. For clarity, BC TEL proposed that AC5 submit a revised affidavit with paragraph 4 revised as follows: "Interexchange private line services or local private line services, whether provided by BC TEL or any other supplier, are not and will not be connected to the above referenced services, or to any telephone equipment which is connected to the above-referenced services." Subject to the proposed revision, BC TEL supported an exemption contribution for AC5.
6. By fax dated 12 March 1998, AC5 provided an affidavit dated 12 March 1998 which included the wording suggested by BC TEL.
7. The Commission is of the view that the affidavit dated 12 March 1998 satisfies the evidentiary requirements for AC5's application.
8. In light of the foregoing, the Commission orders that AC5's application is approved effective the date of installation of the proposed configuration.
Laura M. Talbot-Allan
Secretary General
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