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Ottawa, 3 May 2013

Our reference: 8661-C12-201303495

BY EMAIL

Mr. Denis E. Henry
Vice-President, Regulatory
Government Affairs and Public Law
Bell Aliant
160 Elgin Street, 19th Floor
Ottawa, Ontario K2P 2C4
regulatory@bell.aliant.ca

Mr. Philippe Gauvin
Bell Canada
Counsel, Regulatory Law and Policy
160 Elgin Street, 19th Floor
Ottawa, Ontario K2P 2C4
bell.regulatory@bell.ca

Mr. William Sandiford
Chair of the Board and
President, Canadian Network Operators
Consortium Inc.
107-85 Curlew Drive
Toronto, Ontario M3A 2P8
regulatory@cnoc.ca

Mr. Christopher Hickey
Regulatory Analyst
Primus Telecommunications Canada Inc.
400 - 5343 Dundas Street, West
Toronto, Ontario M9B6K5
regulatory@primustel.ca

Re: Telecom Notice of Consultation 2013-79 – CNOC and Primus request to modify legacy business wholesale high-speed access service rates

Dear Sirs:

In Telecom Notice of Consultation 2013-79, the Commission invited parties to comment on whether the principle decided in Telecom Decision 2013-73, to apply the same rates to equivalent non-legacy business and residential wholesale high-speed access (HSA) service speeds, should also apply to the legacy business wholesale HSA service speeds of Bell Aliant Regional Communications, Limited Partnership and Bell Canada in Ontario and Quebec (collectively, the Bell companies).

As part of their submissions in response to Telecom Notice of Consultation 2013-79, the Canadian Network Operators Consortium (CNOC) and Primus Telecommunications Canada Inc. (Primus) requested that the Bell companies’ current legacy business wholesale HSA service rates be changed from the current rates, which include access and usage, to an interim rate of $14.11, which is equivalent to the legacy residential wholesale HSA service rate. This interim rate would include access but exclude usage.

In its reply, dated 25 March 2013, the Bell companies submitted that the legacy business wholesale HSA service rate of $14.11 is not appropriate in the interim as it excludes usage.
Through a separate process, the Bell companies filed an application, dated 25 March 2013, to review and vary, among other things, the Commission’s determinations in Telecom Decisions 2013-72 and 2013-73 to make the rates for business wholesale HSA services the same as the rates for comparable residential wholesale HSA services.

The Commission agrees with CNOC and Primus that it would be appropriate to approve rates on an interim basis so that any adjustments made to the final rates as a result of the pending proceedings could be applied back to the date of the interim rates. The Commission also agrees with the Bell companies that it would be inappropriate to approve an interim rate that excludes usage.

The Commission concludes that, in the circumstances, it would be appropriate to make the current rates for legacy business wholesale HSA services interim for the Bell companies, pending the outcome of their review and vary application referred to above, as well as the public proceeding initiated in Telecom Notice of Consultation 2013-79.

In light of the above, the Commission approves on an interim basis the legacy business wholesale high-speed access service rates at the current rates, effective the date of this letter.

Sincerely,

Original signed by

John Traversy
Secretary General

c.c.: Ramin Adim, CRTC, 819-997-4298, ramin.adim@crtc.gc.ca
Doug Thurston, CRTC, 819-997-4579, doug.thurston@crtc.gc.ca

Interested Parties to Telecom Notice of Consultation 2013-79
tom.copeland@caip.ca; iworkstation@allstream.com; bell.regulatory@bell.ca; regulatory@cnoc.ca; phealey@radiant.net; jfmezei@vaxination.ca; ted.woodhead@telus.com; regulatory@primustel.ca

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