Telecom Decision CRTC 2019-252

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Ottawa, 11 July 2019

Public record: 8640-S4-201900837

Sogetel inc. – Application for forbearance from the regulation of business local exchange services

The Commission approves Sogetel inc.’s request for forbearance from the regulation of business local exchange services in the exchanges of Warwick and Kingsey Falls, Quebec.

Application

1. The Commission received an application from Sogetel inc. (Sogetel), dated 4 February 2019, in which the company requested forbearance from the regulation of business local exchange services^{Footnote 1} in the exchanges of Warwick and Kingsey Falls, Quebec.
2. Pursuant to the Commission’s requirements in Telecom Decision 2006-15, Sogetel provided evidence to support its forbearance request.
3. The Commission did not receive any interventions regarding Sogetel’s application.

Commission’s analysis and determinations

4. The Commission has assessed Sogetel’s application by examining the four criteria set out below. These criteria are based on the local forbearance test originally set out in Telecom Decision 2006-15 and applied to the small incumbent local exchange carriers (ILECs), with modifications, in Telecom Regulatory Policy 2009-379.

Product market

5. Sogetel is seeking forbearance from the regulation of 16 tariffed business local exchange services. The 16 services are consistent with those that the Commission identified as eligible for forbearance in Telecom Decision 2005-35. As well, the Commission has previously approved applications by Sogetel for forbearance from the regulation of those same 16 tariffed business local exchange services in other exchanges.^{Footnote 2}
6. Accordingly, the 16 services listed in the Appendix to this decision are eligible for forbearance.

Competitor presence test

7. Information provided by Sogetel, which no party disputed, demonstrates that there is, in addition to Sogetel, an independent, facilities-based, fixed-line telecommunications service provider^{Footnote 3} that offers local exchange services in the exchanges of Warwick and Kingsey Falls and that is capable of serving at least 75% of the number of business local exchange service lines that Sogetel is capable of serving.
8. Accordingly, the exchanges of Warwick and Kingsey Falls meet the competitor presence test.

Competitor quality of service results

9. Sogetel attested that it had received no quality of service (Q of S) complaints from competitors in the six months prior to the date of this application for forbearance.^{Footnote 4} As well, the Commission has received no comments with respect to Sogetel’s competitor Q of S results for that period.
10. Accordingly, Sogetel’s competitor Q of S results support forbearance from the regulation of business local exchange services in the exchanges of Warwick and Kingsey Falls.

Communications plan

11. The Commission has reviewed Sogetel’s proposed communications plan and is satisfied that it meets the information requirements set out in Telecom Decision 2006-15. However, the Commission considers that the company should modify the contact information in its plan, by
    • changing the mailing address for the Canadian Radio-television and Telecommunications Commission to “Ottawa, Ontario K1A 0N2”;
    • correcting the title of the Commission for Complaints for Telecom-television Services Inc. (CCTS); and
    • updating the contact information for the Office of Consumer Affairs.
12. The Commission approves the proposed communications plan with the revisions outlined above and directs Sogetel to provide the resulting communications materials to its customers, in both official languages where appropriate.

Conclusion

13. Sogetel’s application regarding the exchanges of Warwick and Kingsey Falls, Quebec, meets all the local forbearance criteria set out in Telecom Decision 2006-15 and modified by Telecom Regulatory Policy 2009-379 for small ILECs.
14. Pursuant to subsection 34(1) of the Telecommunications Act (the Act), the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in Telecom Decision 2006-15, in relation to the provision, by Sogetel in these exchanges, of the business local exchange services listed in the Appendix to this decision and of future local exchange services  (as defined in Telecom Public Notice 2005-2 and as they pertain to business customers only) would be consistent with the Canadian telecommunications policy objectives set out in section 7 of the Act.
15. Pursuant to subsection 34(2) of the Act, the Commission finds as a question of fact that these business local exchange services are subject to a level of competition in these exchanges sufficient to protect the interests of users of these services.
16. Pursuant to subsection 34(3) of the Act, the Commission finds as a question of fact that to refrain from exercising its powers and performing its duties, to the extent specified in Telecom Decision 2006-15, in relation to the provision by Sogetel of these business local exchange services in these exchanges would be unlikely to unduly impair the continuance of a competitive market for these services.
17. In light of the above, the Commission approves Sogetel’s application for forbearance from the regulation of the local exchange services listed in the Appendix to this decision and future local exchange services (as defined in Telecom Public Notice 2005-2), as they pertain to business customers only, in the exchanges of Warwick and Kingsey Falls, Quebec, subject to the powers and duties that the Commission has retained as set out in Telecom Decision 2006-15. This determination takes effect as of the date of this decision. The Commission directs Sogetel to issue revised tariff pages within 30 days of the date of this decision.^{Footnote 5}

Secretary General

Related documents

• Sogetel inc. – Application for forbearance from the regulation of business local exchange services, Telecom Decision CRTC 2017-190, 8 June 2017
• Framework for forbearance from regulation of retail local exchange services in the serving territories of the small incumbent local exchange carriers, Telecom Regulatory Policy CRTC 2009-379, 23 June 2009
• Forbearance from the regulation of retail local exchange services, Telecom Decision CRTC 2006-15, 6 April 2006; as amended by Order in Council P.C. 2007-532, 4 April 2007
• List of services within the scope of the proceeding on forbearance from the regulation of local exchange services, Telecom Decision CRTC 2005-35, 15 June 2005; as amended by Telecom Decision CRTC 2005-35-1, 14 July 2005
• Forbearance from regulation of local exchange services, Telecom Public Notice CRTC 2005-2, 28 April 2005

Date modified:

2019-07-11