ARCHIVED - Letter
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Ottawa, 19 December 2008
By E-mail
To: Attached Distribution List
Re: Process set out in Telecom Decision 2008-74
On 21 August 2008, the Commission issued Approval mechanisms for retail and CLEC tariffs, Telecom Decision CRTC 2008-74 (Decision 2008-74), in which it forbore from approving certain retail telecommunications service tariff filings (Group A filings) and streamlined the approval mechanism for other retail tariff filings (Group B filings), effective 6 October 2008.
In view of the Group A and Group B filings that have been received by the Commission since 6 October 2008 , Commission staff would like to clarify the process and the filing requirements set out in Decision 2008-74 for each group of filings.
Group A filings
In Decision 2008-74, the Commission determined that it would forbear from approving retail tariff filings that met all the conditions set out in paragraph 35 of the Decision.
In this regard, Commission staff notes that, among other things, applicants must provide written certification that the tariff filing complies with the definition of Group A as defined in Appendix 1 to Decision 2008-74. Commission staff notes, however, that applicants have not always provided such written certification and identified the specific regulatory measure(s) that apply when submitting their Group A filings, namely the price cap or price regulation rules, and the imputation (price floor) test as applicable. Commission staff therefore reminds applicants that all Group A filings must be accompanied by this written certification.
In the case of updates to tariff pages filed to incorporate forborne exchanges or routes consistent with Commission forbearance decisions, Commission staff reminds parties that the appropriate Commission forbearance decisions must be identified in their Group A filings.
Commission staff also notes that it has received queries from applicants as to the proper effective date that is to be reflected on tariff pages showing specific exchanges for which local exchange services have been forborne further to a Commission forbearance decision. Commission staff advises that as a Group A filing becomes effective on the filing date, it is the filing date that must be reflected on the revised tariff pages associated with these Group A filings.
Commission staff notes that if a retail tariff that is implemented does not meet all the conditions for forbearance, the Commission may exercise its remedial powers to address any such instances, as set out in paragraph 39 of Decision 2008-74. Where the Commission is assessing whether a particular tariff application filed as Group A appropriately meets the Group A criteria, Commission staff will issue a letter to inform the applicant as soon as possible .
Group B filings
In paragraph 3 of Appendix 1 to Decision 2008-74, the Commission determined that filings that combine characteristics of both Group A and Group B are to be filed as Group B filings. It is noted that those filings must include, among other things, Group A certification as referenced above.
For example, a tariff filing that would propose the introduction of a rate range for an existing retail telecommunications service [1] (Group A component) concurrent with modifications to the terms and conditions of this service (Group B component) would have to be filed as a Group B, and include written certification that the rate range meets the applicable price cap or price regulation rules, as well as the price floor test as applicable.
With respect to interim disposition of Group B filings, these filings are approved on an interim basis on the 15th calendar day after they are filed, unless Commission staff issues a letter prior to the 15th calendar day indicating otherwise.
Parties may provide comments within 25 calendar days of the filing date, and the applicant may file reply comments within 7 calendar days of the final date for interventions. It is noted that in the case of applications filed on an ex parte basis, parties may provide comments within 25 calendar days of the filing being placed on the public record.
With respect to final disposition of Group B filings, the proposed tariff revisions are approved on a final basis 7 calendar days after the comment period has passed unless comments were received, or a Commission staff letter or a Commission order/decision was issued indicating otherwise.
Commission staff notes that, subject to what follows, the Commission no longer issues orders/decisions disposing of Group B filings on either an interim or final basis.
1) For interim disposition of Group B filings, the Commission only issues orders/decisions
a. where a Commission staff letter was issued prior to the 15 th calendar day;
b. to dispose of tariff revisions filed on an ex parte basis ; and
c. to dispose of tariff revisions where the applicant requested interim disposition prior to 15 calendar days from the date of filing.
2. For final disposition of Group B filings, the Commission only issues orders/decisions
a. where it issued an order/decision to grant approval to tariff revisions on an interim basis ;
b. where it received comments;
c. where a Commission staff letter was issued; and
d. where the Commission approves with changes, denies or denies final approval of tariff revisions.
Filing and information requirements
All Group A & Group B filings
Commission staff reminds applicants that the covering letter of all retail tariff filings must include an indication as to whether the filing is a Group A or a Group B filing, as well as a description of, including the reasons for, the proposed tariff revision(s).
Large incumbent local exchange carriers (ILECs)
Commission staff reminds large ILECs that they must file their service basket limits (SBLs) for the upcoming price cap year by 31 March of each year.
Large ILECs are also reminded that they must file, by no later than 15 August, their SBLs and service basket indices (SBIs) for the previous price cap year, with supporting calculations, formulae, and spreadsheets, for each basket of capped services. This information must show all the rate changes to the capped services implemented during the previous price cap year and demonstrate compliance with applicable constraints. This filing must also include a list of the associated tariff notices.
Small incumbent local exchange carriers (SILECs) and Northwestel
For services in the SILECs' first and second baskets of services, Group A filings that propose a rate change are to include a table of unused rate increase credits to demonstrate compliance with the price regulation framework. Commission staff notes that in the upcoming weeks, each SILEC will receive its up-to-date table of unused rate increase credits.
For services in the SILECs' fourth basket and Northwestel's Other Capped Services basket, Group A filings are to include a reference in the tariff filing to the specific tariffed rate when using an already-approved rate. Applicants are reminded that tariff filings for these services that do not propose to use already-approved rates are to be filed as Group B filings.
Should you have questions or require further information, please contact CRTC Senior tariff analyst Joëlle Bernier at (819)994-0551 or joelle.bernier@crtc.gc.ca .
Yours sincerely,
Ogirinal signed by
Suzanne Bédard
Senior Manager, Tariffs
Telecommunications
[1] It is noted that applications proposing to introduce a new service that incorporates rate ranges must be submitted as Group B filings.
Distribution List:
Bell Canada |
David Palmer
|
Northwestel Inc. Norouestel inc. |
Dallas Yeulett
|
TELUS Communications Company |
Terry Connolly
|
Télébec, Société en commandite |
Allen Mercier
|
Saskatchewan Telecommunications |
John C Meldrum
|
Bell Aliant Regional Communications, Limited Partnership
|
Guy Daigle |
MTS Allstream Inc. |
Teresa Griffin-Muir
|
Téléphone Milot Inc. |
Paul Frappier |
Téléphone St-Éphrem Inc. |
Michel Couture
|
La Compagnie de Téléphone de Lambton Inc. |
Suzanne Gagnon
|
La Cie de Téléphone de Courcelles Inc. |
Jocelyne Patry
|
Hay Communications Co-Operative Ltd. |
Angela Schneider
|
Sogetel Inc. |
Alain Duhaime
|
Tuckersmith Communications Co-Operative Limited |
Sharon Chuter
|
Roxborough Telephone Company Limited |
Tim Beach
|
La Compagnie de Téléphone Upton Inc. |
Jean-François Mathieu
|
Téléphone Guèvremont inc. |
Guy Cordeau
|
NRTC Communications |
Stephen Lynn
|
North Frontenac Telephone Corporation Ltd. |
Kathy Bright
|
Mornington Communications Co-Operative Limited |
Richard Banks
|
WTC Communications |
Stephen Lynn |
Lansdowne Rural Telephone Company Ltd. |
William Grier
|
O.N.Tel Inc.c.o.b. |
Tracy Cant
|
La Compagnie de Téléphone de Warwick |
Roger Roy
|
Huron Telecommunications Co-Operative Ltd. |
Glenn R Grubb
|
La Compagnie de Téléphone de St-Victor |
Jean Bélanger
|
KMTS |
Dan Reynard
|
Gosfield North Communication Co-operative Limited |
Paul Meanwell
|
Dryden Municipal Telephone System |
Scott Coffey
|
People's Tel Limited Partnership |
Deborah Shaffner
|
Quadro Communications Co-Operative Inc. |
Tim DeWeerd
|
Brooke Telecom Co-operative Limited |
Manny Baron
|
Nexicom Telecommunications Inc. |
Paul R Downs
|
Nexicom Telephones Inc. |
Paul R Downs
|
Wightman Telecom Ltd. |
Tom Sullivan
|
Bruce Municipal Telephone System |
Hans Nilsson
|
CityWest Telephone Corporation |
Lisa Marogna
|
TBayTel |
Robert Olenick
|
CoopTel |
Marie-Eve Rocheleau
|
Execulink Telecom Inc. |
Keith Stevens
|
NorthernTel Limited Partnership |
Jeff Laferrière
|
Amtelecom Inc. |
Deborah Shaffner |
Email Addresses:
bell.regulatory@bell.ca ; regulatoryaffairs@nwtel.ca ; regulatory.affairs@telus.com ; reglementa@telebec.com ; document.control@sasktel.sk.ca ; regulatory@bell.aliant.ca ; iworkstation@mtsallstream.com ; paul.frappier@telmilot.com ; telstep@telstep.net ; nantel@tellambton.net ; jpatry@telcourcelles.qc.ca ; a.schneider@hay.net ; alain.duhaime@sogetel.com ; sachuter@tcc.on.ca ; roxboro@ontarioeast.net ; j-fmathieu@telupton.qc.ca ; gcordeau@maskatel.qc.ca ; steve@wtccommunications.ca ; nfrontenac@kw.igs.net ; rbanks@mornington.ca ; wagrier@1000island.net ; tracy.cant@ontera.ca ; rroy@telwarwick.qc.ca ; grubb@hurontel.on.ca ; telvic@telvic.net ; dreynard@kmts.biz ; gosfield@gosfieldtel.com ; scoffey@dryden.ca ; deborah.shaffner@corp.eastlink.ca ; tim.deweerd@quadro.net ; m.baron@brktel.on.ca ; pdowns@nexicom.net ; tsullivan@wightman.ca ; regulatoryaffairs@nwtel.ca ; regulr@bmts.com ; lisa.marogna@cwct.ca ; rob.olenick@tbaytel.com ; regulatory@execulink.com ; regmat@ntl.nt.net ; deborah.shaffner@corp.eastlink.ca ; solutions@cooptel.qc.ca
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