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Telecom Order CRTC 2003-400
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Ottawa, 1 October 2003
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NorthernTel Limited Partnership
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Reference: Tariff Notices 193 and 193A
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On-line tariff service
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The Commission approves NorthernTel Limited Partnership's (NorthernTel) proposal to replace its tariff subscription service (paper service) with a publicly accessible, no-charge service available through the company's Internet site.
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1.
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The Commission received an application by NorthernTel Limited Partnership (NorthernTel), dated 5 May 2003 and amended on 16 May 2003, to modify sections N60 and N85 of its General Tariff in order to replace its tariff subscription (paper subscription) service with an on-line tariff service. This service would make an electronic copy of the company's tariffs publicly-accessible, at no charge through its Internet site at www.northerntel.on.ca.
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2.
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The Commission received comments from O.N.Telcom dated 29 May 2003 and reply comments from NorthernTel on 16 June 2003.
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The application
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3.
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NorthernTel submitted that its proposal for its on-line tariff service incorporates the guidelines set out by the Commission in Bell Canada's replacement for tariff subscription service approved for Internet delivery, Order CRTC 2000-552,
16 June 2000 (Order 2000-552) for Bell Canada's on-line tariff service.
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4.
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NorthernTel also submitted that customers who have paid for the former tariff
subscription service would receive a one-time refund of any outstanding subscription as of 1 September 2003, and would continue to receive the paper-copy tariff updates free of charge for a six-month period from the approved effective date of the application.
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O.N. Telcom's comments
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5.
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O.N.Telcom submitted that, while the characteristics being proposed by NorthernTel for its on-line tariffs service follow those established by the Commission for Bell Canada in paragraph 26 of Order 2000-552, NorthernTel failed to indicate whether it also intends to follow the Commission's directives set out at paragraph 27 of the same order.
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6.
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O.N.Telcom noted that pursuant to section 25 of the Telecommunications Act (the Act), the Commission's authority to approve tariffs is with respect to telecommunications services offered by eligible "Canadian carriers". O.N.Telcom questioned the eligibility of NorthernTel to operate as a Canadian carrier under the Act given that it is legally a limited partnership and not a corporation as required by section 16 of the Act.
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NorthernTel's reply
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7.
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NorthernTel confirmed that, in regard to O.N.Telcom's concerns about the items set out in paragraph 27 of Order 2000-552, it would comply with the directives for posting tariffs on its Internet website by implementing a What's New section within three months of the Commission's approval of its application. NorthernTel also confirmed that it would include an effective date in the detail of the What's New section and post any newly approved tariff pages by the end of the next business day after their approval.
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8.
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With respect to the issue of Canadian carrier eligibility, NorthernTel stated that Bell Nordiq Group inc. (Bell Nordiq), a Canadian-owned and controlled corporation incorporated under the laws of the province of Quebec, is the general partner of NorthernTel. NorthernTel stated that in that capacity, Bell Nordiq is the person that is solely responsible for managing the business carried on by NorthernTel or, to paraphrase the definition of "telecommunications common carrier" included in the Act, is the person that is solely responsible for operating the transmission facility owned and used by NorthernTel to provide telecommunications services to the public for compensation.
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9.
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NorthernTel submitted that the Commission therefore has the authority to approve its application.
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Commission analysis and determination
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10.
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The Commission is satisfied that NorthernTel's application meets the requirements set out in Order 2000-552 for Bell Canada replacing its paper tariff subscription service with tariffs posted on the Internet. The Commission notes that NorthernTel's application is consistent with those that have been approved for Aliant Telecom Inc., Bell Canada,
MTS Communications Inc., Saskatchewan Telecommunications, and
TELUS Communications Inc.
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11.
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With respect to the eligibility of NorthernTel to operate as a Canadian carrier as required under section 16 of the Act, the Commission does not consider it appropriate to address this issue in the context of a tariff notice proceeding.
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12.
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In light of the above, the Commission approves NorthernTel's application. The revisions take effect as of the date of this order and the refund date is set for 3 November2003.
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13.
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NorthernTel is to issue revised tariff pages forthwith to reflect these changes.
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Secretary General
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Date Modified: 2003-10-01