ARCHIVED - Order CRTC 2000-362

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Order CRTC 2000-362

Ottawa, 1 May 2000
Cable Atlantic Inc.'s proposed General Tariff


Reference: Tariff Notice 1

This order approves on an interim basis Cable Atlantic Inc.’s proposed General Tariff covering general terms and conditions and access services with the changes listed below.
1. Cable Atlantic Inc. filed an application for approval of its General Tariff (CRTC Tariff 21360). The General Tariff includes definitions, terms and conditions, and access services for interconnection with local exchange carriers (LECs), interexchange service providers (IXSPs) and wireless service providers (WSPs). The application was filed on  24 February 2000 under Tariff Notice (TN) 1.
2. Cable Atlantic filed amendments to its General Tariff to implement changes required pursuant to various Commission decisions affecting the contribution regime. These amendments were filed under TN 1A dated 22 March 2000.
3. NewTel Communications Inc., in comments filed on  13 April 2000, objected to a provision in Cable Atlantic’s tariff which specifies that the facility over which interconnecting circuits with trunk-side access and CCS7 links are provisioned must be obtained from Cable Atlantic. NewTel submitted that this provision is inconsistent with the approved tariffs of other competitive local exchange carriers (CLECs) and the Commission’s directive in Local competition, Telecom Decision CRTC 97-8, dated 1 May 1997 that requires CLECs to provide equal access at terms and conditions that are equivalent to those in the incumbent local exchange carriers’ tariffs.
4. Cable Atlantic submitted that the interconnection arrangement that NewTel has requested is not offered by NewTel to IXSPs and that its tariff is therefore consistent with the directives of Decision 97-8.

5. The Commission notes that NewTel’s tariff states that the facility over which interconnecting circuits with trunk-side access and CCS7 links are provisioned are furnished at the rates specified in Item 302 of the National Services Tariff. In the Commission’s view this provision does not preclude IXSPs from obtaining this facility from alternate sources.

6. The Commission considers that the provision in Cable Atlantic’s tariff requiring IXSPs to obtain the facility over which interconnecting circuits with trunk-side access and CCS7 links are provisioned from Cable Atlantic is inconsistent with the Commission’s determinations in Decision 97-8 and with respect to other approved CLEC tariffs.

7. The Commission considers that definitions for "competitive local exchange carrier", "customer" and "data service" should be included in Cable Atlantic’s tariff.
8. Cable Atlantic’s tariff does not include provisions for 9-1-1 Emergency Response Service (ERS). The Commission notes that CLECs are required to enter into agreements with municipalities for the provision of 9-1-1 ERS. However, in the absence of such agreements, the tariff would define the relationship between Cable Atlantic and particular municipalities.

9. The Commission notes that the tariff requires several minor changes for the purposes of correcting and clarifying various terms and conditions.

10. In light of the foregoing, the Commission orders that:

1. The proposed tariffs are approved on an interim basis, with the following amendments:
(a)     in Item 102, Definitions:

i)     after paragraph (c) of the definition for "Class A licensee" add the following immediately before the words "but neither:":

Class B Licensee means a telecommunications service provider who provides international telecommunications service

ii)     add the following definitions for "competitive local exchange service", "customer" and "data service"

Competitive Local Exchange Carrier (CLEC) means a Canadian Carrier as defined in section 2 of the Telecommunications Act and recognized as a CLEC pursuant to Telecom Decision CRTC 97-8.

Customer means a carrier interconnected to Cable Atlantic’s facilities.

Data Service means a telecommunications service other than a voice service.

iii)     replace the dialling provision "10XXX" with "101XXXX" in the definition for "trunk-side access".

(b)     in Item 101(6.8), delete the phrase "including anticipated long distance charges" from the end of the sentence;

(c)     in Item 102(1.12), amend the per listing rate to read "$0.122";
(d)     in Item 301(1.2), replace the dialling provision "1-800/888/877" with "1+800/888/877" and replace the dialling provision "10XXX" with "101XXXX".
(e)     replace Item 301(1.3) with the following:

1.3     The facility over which interconnecting circuits with trunk-side access and CCS7 links are provisioned may be provided by Cable Atlantic, the IXSP or another service provider.
(f)     in Item 301(3.1) delete the dialling provisions "1-800/888/877" and "10XXX".
2.     Cable Atlantic is to issue forthwith revised tariff pages incorporating the changes set out above.
3.     Cable Atlantic is directed to file forthwith its primary interexchange carrier/customer account record exchange (PIC/CARE) handbook and an unexecuted copy of its Basic Listing Interchange File (BLIF) agreement for approval.
4.     In the absence of executed 9-1-1 ERS agreements, Cable Atlantic is to directed to file forthwith proposed 9-1-1 ERS tariff provisions.
Secretary General
This document is available in alternate format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca

 

 

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