Letter Decision

File No.: 8660-N2-01/00

Ottawa, 17 March 2000

Mr. Edmond H. Bury
Manager Regulatory Affairs and Telecom Policy
NewTel Communications Inc.
Fort William Building
P.O. Box 2110
St. John's, NF A1C 5H6
Fax: (709) 739-3122

Dear Mr. Bury:

Re: Access to Emergency Services in Newfoundland and Labrador

In November of 1998, the Commission began receiving complaints indicating that there was a problem with toll circuit congestion for extended periods affecting a number of NewTel Communications Inc. (NewTel) telephone exchanges. On 12 August 1999, the Commission received a letter from the Royal Canadian Mounted Police (RCM Police) expressing concern regarding timely access to emergency services such as hospitals and ambulance services.

On 23 October 1999, Commission staff convened a meeting with the RCM Police and NewTel in St. John's for the purpose of exploring ways to improve access to emergency services for the citizens of Newfoundland and Labrador and public safety organizations such as fire brigades, ambulance services, hospitals and police forces. As a result of the meeting, NewTel agreed to provide Commission staff with a copy of their construction plan that would complete the upgrading of switching and transmission facilities. The plan was to address areas where congestion exists; establish a test plan and standards and perform tests to assess the ability of subscribers to establish telephone communications with emergency services organizations (access testing), report results of access testing to Commission staff, and take immediate remedial action to provide temporary access facilities where the ability to establish emergency communications is not satisfactory.

In a letter dated 19 November 1999, NewTel submitted a four-year network modernization plan and an emergency access-testing plan for the 106 exchanges where network congestion has been identified. The initial construction program estimated completion date was December 2003. The emergency access testing plan has two components: a test to establish the effectiveness of the '0' emergency calling process and a report of the action taken to establish emergency calling options in each exchange with identified emergency access problems. The result of the access testing is summarized in a quarterly report to the Commission.

On 22 February 2000, NewTel submitted a revised construction program which advanced the construction program completion date from December 2003 to December 2001. Under this program, NewTel estimates that 96% of its customers will experience normal network operations by year-end 2000.

The Commission has reviewed NewTel's emergency access testing program and the proposed construction program. NewTel is hereby ordered to do the following:

Adjust the exchange emergency assess testing success rate to 95%;

Exchange weekday testing shall continue to be conducted between 6:00 p.m. and midnight and the exchange testing program expanded to include Saturday or Sunday evening;

In each exchange, testing is to take place fortnightly with the exception of exchanges where alternate emergency access facilities have been installed or the network congestion problem has been rectified on a permanent basis;

Where emergency access testing indicates a success rate of less than 95%, emergency access facilities are to be installed within 15 days of the test results and remain in place until the congestion problem has been permanently rectified;

NewTel is to report to the Commission within 24 hours of identification, all emergency access test failures and corrective action taken or when action is contemplated;

NewTel is to immediately inform The Royal Newfoundland Constabulary, RCM Police, relevant municipal police forces, fire brigades, ambulance operators and the public once alternate emergency access facilities are made available;

NewTel is to implement the construction program as submitted in its letter of 22 February 2000 and provide the Commission with estimated exchange completion dates for the entire construction program by 17 April 2000. NewTel is further directed to provide quarterly progress reports to the Commission.

Yours sincerely,

Ursula Menke
Secretary General

c.c. Royal Canadian Mounted Police, Fax: (709) 772-3786
       David Meadows, CRTC (819) 994-4715