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Telecom Order CRTC 2003-99
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Ottawa, 4 March 2003
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Aliant Telecom Inc.
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Reference: Tariff Notice 11
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Regional large business Centrex service
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1.
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The Commission received an ex parte application1 from Aliant Telecom Inc. (Aliant Telecom), dated 1 March 2002, proposing to introduce Regional Large Business Centrex Service.
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2.
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In Telecom Order CRTC 2002-190, dated 13 May 2002, the Commission denied the ex parte treatment for this application, stating that the proposed revisions could have a significant impact on customers and it was therefore not prepared to deal with the application on an ex parte basis. Aliant Telecom was directed to place, within two business days, a copy of the appliction for the public record in all relevant public examination rooms. On 15 May 2002, the Commission received the public version of the application.
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3.
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In its application, Aliant Telecom proposed that, in order to qualify for Regional Large Business Centrex Service, customers must subscribe to:
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- a minimum of 7,500 lines in Aliant Telecom's serving territory;
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- lines in all of the Atlantic Provinces served by Aliant Telecom; and
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- lines in a minimum of three different rate bands in each of the Atlantic Provinces served by Aliant Telecom.
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4.
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Aliant Telecom proposed to provide Regional Large Business Centrex Service only under a five-year contract period and apply termination liability equal to the total of the monthly rates applicable to the remaining portion of the contract. Aliant Telecom further proposed that, at the end of the five-year contract period, subscribers could negotiate an extension to their existing rates, terms, and conditions for up to an additional year.
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5.
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Aliant Telecom submitted that Regional Large Business Centrex Service introduced a more uniform regional rate schedule as an alternative for National Centrex Service customers that are regionally focused in Aliant Telecom's serving territory. Aliant Telecom also submitted that the service passed the imputation test.
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6.
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The Commission received no comments with respect to this application.
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7.
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The Commission notes that the proposed contract extension would allow Regional Large Business Centrex customers to negotiate up to a one-year extension of their original five-year contract at the five-year contracted rates, terms and conditions. The Commission considers that, as a result, Regional Large Business Centrex customers would be paying a five-year rate for up to a one-year commitment, while customers of similar services would be paying higher rates.
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8.
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The Commission finds that the optional contract extension, if approved, would constitute unjust discrimination, contrary to section 27(2) of the Telecommunications Act. Accordingly, the Commission denies the proposed contract extension option.
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9.
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The Commission notes that the proposed tariff page 204.3 contain a typographical error in the rate table. The entry for band D for Nova Scotia should state N/A (not applicable) rather than $23.50.
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10.
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In light of the above, the Commission approves Aliant Telecom's application, amended to remove the contract extension option and to correct the above-noted typographical error. The revisions take effect as of the date of this order.
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11.
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Aliant Telecom is directed to issue 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: www.crtc.gc.ca
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1An ex parte application, is an application that has been filed with the Commission without notice to the public and, as such, is not placed on the public record when initially filed. An ex parte decision is one in which the Commission disposes of an application solely on the basis of the applicant's submissions. Section 61(3) of the Telecommunications Act allows the Commission to make an ex parte decision where it considers that the circumstances of the case justify it. In Review of regulatory framework, Telecom Decision CRTC 94-19, 16 September 1994, the Commission set out several considerations to be balanced in any determination to permit ex parte tariff filings, including the public interest in the effective operation of the competitive marketplace and the public interest in an open regulatory process.
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Date Modified: 2003-03-04