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	Telecom Order CRTC 2004-174
	Ottawa, 28 May 2004
	Bell Canada
	Reference: Tariff Notices 6798 and 6798A
	Introduction of 2.5 gigabits per second High Speed Metro Service
1.	The Commission received an application by Bell Canada, dated 16 March 2004, to revise General Tariff item 5030, to introduce 2.5 gigabits per second High Speed Metro Service (HSM) for minimum contract periods of three or five years, and to revise wording to clarify the service description.
2.	The Commission received comments from Allstream Corp. (Allstream) dated 15 April 2004. Allstream raised several concerns including:
	the proposed HSM service was incomplete because a co-located competitor could not connect to this service within a Bell Canada central office;
	the proposed terms and conditions for service additions and termination constrained the customer and were anti-competitive, i.e., a customer could be locked into an additional three- or five-year contract term, simply by augmenting the existing service configuration in the final year of the initial contract, or, alternatively, would have to pay significant termination charges; and
	the language of the proposed tariff pages provided Bell Canada with the discretion to offer an undue preference to certain customers in terms of the application of additional construction charges.
3.	Bell Canada filed reply comments on 26 April 2004. In addition, Bell Canada filed a letter dated 20 May 2004. In that letter, Bell Canada indicated its commitment to: (a) provide an optical connecting link to allow a co-located competitor to connect to the access component of the proposed HSM service; and (b) add a one-year rate for HSM service.
4.	Bell Canada also filed Tariff Notice (TN) 6798A on 21 May 2004, reflecting minor wording changes to the HSM tariff pages. In these changes, Bell Canada has replaced the word "may" with "shall" regarding the application of additional construction charges. The Commission considers that the revised wording removes the discretion Allstream referred to and further considers, on an interim basis, that this language is consistent with similar provisions in other Bell Canada tariffs.
5.	The Commission notes Bell Canada's proposal to revise its HSM tariff pages to add a one-year contract term. The Commission considers that the addition of this provision to the HSM tariff will address Allstream's concern with respect to a customer being locked into a three- or five-year contract term, when service is augmented in the final year of its contract.
6.	The Commission is of the view that Bell Canada, in its 20 May 2004 letter and in TN 6798A, has adequately addressed Allstream's concerns as noted above.
7.	In light of the above, the Commission approves on an interim basis Bell Canada's application.
8.	The revisions take effect as of the date of this order.
	Secretary General
	This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2004-05-28